Photo: AnyaLogic, Flickr

Republicans introduce bill to ban abortions after 20 weeks of pregnancy

Proposed law, the fifth GOP bill this session to restrict abortion, would be nation's strictest
By Andy Birkey
Monday, March 07, 2011 at 2:55 pm

Republicans in the Minnesota Legislature introduced a bill Monday that would ban abortion in Minnesota after the first 20 weeks of pregnancy. The Pain-Capable Unborn Child Protection Act states that fetuses can feel pain after the first 20 weeks and creates a revenue stream for the state to defend the measure against lawsuits if it passes. It’s the fifth bill to restrict abortions in Minnesota offered by Republicans this legislative session, which began in early January. If the bill becomes law it would be one of the most restrictive in the nation.

The bill, SF649/HF936, makes it illegal to perform an abortion after 20 weeks, and, in anticipation of legal challenges to the law, it creates a defense fund for the state using taxpayer money and “any donations, gifts, or grants made to the account by private citizens or entities.”

“There is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization,” the bill reads. “It is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”

Despite the bill’s claims, there is also substantial medical evidence that a fetus isn’t capable of feeling pain until about 24 weeks, but researchers aren’t yet clear about when a fetus’ nervous system begins to process painful stimuli. Since 2005, research has shown that the brain structures are not formed until 28 weeks.

The bill is modeled after a similar bill passed into law in Nebraska last year, and Minnesota joins that state in having the most restrictive anti-abortion laws in the nation.

Nebraska’s law was the topic of a Des Moines Register feature on Sunday about Danielle Deaver, who was prevented by the law from having an abortion for a fetus doctors said wouldn’t survive if born. Doctors told Deaver and her husband that there “was less than a 10 percent chance their child would have a heartbeat and be able to breathe on its own,” the Register reported. “There was an even smaller chance — estimated at 2 percent — that the baby would ultimately be able to perform the most basic functions on its own, such as eating.”

After delivery, the child survived for 15 minutes.

“I get so frustrated,” Deaver told the Register. “I just think if they (lawmakers) thought about their daughter, their sister, their mother, their wife being in this situation, they would never want them to go through that.”

Minnesota’s bill was introduced by Sens. Gretchen Hoffman of Vargas and Warren Limmer of Maple Grove, and House Majority Leader Matt Dean of Dellwood, Rep. Mary Liz Holberg of Lakeville, and House Speaker Kurt Zellers of Maple Grove.

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Comments

20 Comments

Carl
Comment posted March 7, 2011 @ 3:06 pm

For how many seconds will Mark Dayton’s pen hover over these bills before he vetoes them? And how many jobs will the legislation create? Roughly zero on all counts. This is merely another distraction by social conservatives who have no economic solutions other than Glenn Beck’s ramblings. “It’s the economy, stupid.”

Praise Jebus, God hates the employed, Amen.


Ralph Kramden
Comment posted March 7, 2011 @ 3:13 pm

I wouldn’t quibble with this if there were exceptions for the life and health of the mother. (Are there?) 21 week preemies have been viable, but that seems to be the limit. (I don’t have a uterus, though, so none of my parts are being subjugated to MN state laws.)


Katie B.
Comment posted March 7, 2011 @ 3:27 pm

Yup. We are DEEP into the War on Women.


Concerned
Comment posted March 7, 2011 @ 4:55 pm

Is there an exception for rape? Or just rape rape?


tao
Comment posted March 7, 2011 @ 5:00 pm

Why don’t they just get it over with and create a Minnesota amendment declaring all women who have abortions to be slutty, selfish females who don’t know how to make a proper decision. – I’m being facetious to prove a point. Seems like we’re a hop, skip & a jump from that anyway. – While they’re at it, why don’t we throw in some anti-miscarriage laws and redefine rape. Other states are doing it. What’s holding Minnesota up? We need more poor men & women to join the military!

(Yes – being very very facetious – the vast majority of abortions after 20 weeks are because the probability of mother &/or child life after natural birth are slim.)


robin marty
Comment posted March 7, 2011 @ 5:34 pm

No 21 week old premie has ever survived. there is a very slight possiblity at 23/24, which is when the lungs are mature enough to work with a respirator — before that they can’t inflate properly.

This is not a ban that would affect women with unwanted pregnancies, it would almost entirely affect women with wanted pregnancies that have for some reason gone wrong.

However, my quibble is with the “most restrictive” subhead. Actually, Ohio is passing legislation banning abortion at 18 days after a heartbeat can be discerned. That is more restrictive. Totally unconstitutional, but likely to be passed anyway, even though it can’t stand up to a court challenge.


stephan geras
Comment posted March 7, 2011 @ 5:51 pm

silence…..fear……patriotism….control

essence of totalitarian mind, a new fragrance by channel


Katie B.
Comment posted March 7, 2011 @ 8:25 pm

You know, the Republicans are making war on women, workers, and LGBT people. That sounds like a majority to me.

Let’s bury them.


Marcus
Comment posted March 7, 2011 @ 9:39 pm

So…. If Republicans dont want JOBS in our State!!! Why would we want fetus’s to be BORN?? The Christians are nothing less than SATAN………


Headlines: Tuesday, 8 March, 2011 – The Tea Bagger Nation looks like “Lord of the Flies” « reality-based world
Pingback posted March 8, 2011 @ 12:41 am

[...] attacks on women, Republicans have decided to ban abortions after 20 weeks of pregnancy, regardless of wether the child will survive more than a few minutes anyway. The bill will be [...]


LadyKofOlmsted
Comment posted March 8, 2011 @ 1:56 am

Republicans stand for small government, except when it comes to women! They want laws that control a woman’s body.

How does this wasting time by the Republican majority in the Minnesota Legislature address Economic growth and jobs?


Ralph Kramden
Comment posted March 8, 2011 @ 7:27 am

@Robin – my wife, an early childhood educator, has a preemie who was born before 22 weeks, now 20 months old. (These babies typically have many many problems.)

Amelia Sonja Taylor is probably the most famous documented case – she was reportedly 21 weeks, 6 days gestation when born in 2006 and is doing well. (http://www.boston.com/news/health/articles/2008/04/27/extreme_preemies/)


SeanH
Comment posted March 8, 2011 @ 11:38 am

Jobs?


Marie
Comment posted March 8, 2011 @ 12:39 pm

This is a pure control on medicine and how it is distributed, because the statistics show for any procedure that is done after 21 weeks is done because of medical need. In those situations, all attempt is given to try and save the life the life that is extracted from the mother. In most cases those cases do not live.

This is a form of a death sentence to mothers who go into medical distress after 21 weeks.

This not about being pro choice, anti choice or pro life. For if they were pro life there were be line items stating that the life of the mother comes first.

I would say this bill is a anti choice anti life, and anti mother bill.


crohnsguy
Comment posted March 8, 2011 @ 2:14 pm

The right wing needs soldiers to man their war industrial gear, prison inmates to house, and new welfare cases they can refuse to help (which will then seek employment in the military when nothing else is available, or turn to crime and become said inmates.) The irony of their anti-abortion stance and “life is precious” contention is astounding and disingenuous.

I see one comment that basically sums it up: making new “majorities” frustrated, and in a reactionary manner, keeping the proverbial ping pong ball going back and forth in the two party system of corruption. The two parties NEED each other to make it appear there is “choice” between the two parties. Back and forth we go.
“We’ll show those Republicans!” “We’ll tell those Democrats who’s boss!” try looking outside of this back and forth charade if you don’t wish to see the same results over and over.


Alie
Comment posted March 8, 2011 @ 2:47 pm

Government small enough to fit into a uterus…


Pickwick
Comment posted March 8, 2011 @ 3:45 pm

To these legislators women are expendable and “every sperm is sacred”. Horsefeathers. I certainly hope that none of them have to face a life-threatening situation with in late pregnancy involving their mother, wife, daughter, nieces or grandchildren, but it might help to change their minds.


robin marty
Comment posted March 9, 2011 @ 11:13 am

21 weeks gestation is 23 weeks pregnant. pregnancy “weeks” start at 2 weeks because they use last period. this bill wants to ban at 20 weeks gestation or what we think of as 22 weeks pregnant.


Olivia
Comment posted March 10, 2011 @ 12:57 pm

What about the budget? Where are the jobs?
Why are they working on crap that they have no business messing with?


No New Jobs with Anti-Abortion Bills | GOP Job Counter
Pingback posted March 11, 2011 @ 1:56 pm

[...] limit reproductive rights is HF 936, which would make abortions illegal at or after 20 weeks. The Minnesota Independent also points out that the bill anticipates a legal challenge. “It creates a defense fund for [...]


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