Senate Will Vote Soon on Pro-Life Bill Banning Late-Term Abortions After 20 Weeks

National   |   Steven Ertelt   |   Sep 1, 2015   |   3:50PM   |   Washington, DC

When Congress returns form its August recess, the Senate is expected to vote in a matter of weeks on the pro-life bill that bans abortions from after 20-weeks of pregnancy up to the day of birth. The votes comes amid a national scandal of Planned Parenthood selling the body parts of aborted babies.

Leading up to the vote, pro-life groups have banded together to lobby five senators to support the Pain Capable Unborn Child Protection Act, the brainchild of the National Right to Life Committee.

Today, Susan B. Anthony List launched a six-figure campaign to encourage Senators Bob Casey (D-PA), Joe Donnelly (D-IN), Heidi Heitkamp (D-ND), and Lisa Murkowski (R-AK) to support the Pain-Capable Unborn Child Protection Act (S. 1553). The legislation, sponsored by Sen. Lindsey Graham and backed by 45 co-sponsors, would ban all abortions after 20 weeks based on the unborn child’s ability to feel excruciating pain

The campaign, launched the last week of the Congressional summer recess, includes a digital ad buy, state-based polling, and grassroots mobilization via constituent calls to state-based offices of the Senators. State-based pro-life groups are also partnering with SBA List in the campaign.

“Whether pro-life or pro-choice, Americans should be able to agree that we should limit abortions after five months of pregnancy, when the unborn child can feel excruciating pain,” said SBA List President Marjorie Dannenfelser. “The horrifying investigative videos of Planned Parenthood harvesting the organs of babies after late-term abortions only deepens the need for this legislation.

“America is one of just seven countries to allow these painful late-term abortions,” added Dannenfelser. “It’s time for Americans and our representatives in Congress to show compassion and get us out of this club.”

Indiana Right to Life is working with SBA List on the campaign and supporting the ads.

“Hoosiers want to see Senator Donnelly step up the plate for unborn pain-capable children,” agreed Mike Fichter, President and CEO of Indiana Right to Life. “Sen. Donnelly has a true opportunity to stand for life and show that being pro-life is more than just a label. Unborn children capable of feeling pain deserve protection. This humane legislation is popular with Hoosiers of all political backgrounds.”

The web ads can be seen here: Alaska, Indiana, North Dakota, and Pennsylvania.

National polling by Quinnipiac, National Journal, Huffington Post, NBC/Wall Street Journal, and Washington Post/ABC News all found that a plurality or majority of Americans support limiting abortion after five months and that women support the measure in higher proportions than men.

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The vote for the measure earlier this year in the House broke down on mostly partisan lines with Republicans supporting the ban on late-term abortions and Democrats opposing it. The House approved the bill on a 242-184 vote with four Democrats (Reps. Cuellar, Langevin, Lipinski, and Peterson) voting for the bill and five Republicans voting against it (Reps. Dent, Dold, Hanna, Frelinghuysen) or voting present (Hice).

Should the Senate approve the bill, President Barack Obama has issued a veto threat. But pro-life groups hope to use the measure as an election tool in 2016 in an attempt to wrest control of the White House and approve a pro-life president who will sign it into law.

During the hearing on the last bill, former abortion practitioner Anthony Levatino told members of the committee the gruesome details of his former abortion practice and how he became pro-life following the tragic automobile accident of his child.

Another bombshell dropped during the hearing came from Dr. Maureen Condic, who is Associate Professor of Neurobiology and Adjunct Professor of Pediatrics at the University of Utah School of Medicine. She testified that the unborn child is capable of reacting to pain as early as 8-10 weeks. This is when most abortions in America take place.

Americans strongly support legislation that would ban late-term abortions and protect babies who are capable of feeling intense pain during an abortion.

The vast majority of Americans are still very uncomfortable with abortion, according to a January Marist University poll. The survey finds support for abortion restrictions among both “pro-life” and “pro-choice” supporters. Despite the strong support, President Barack Obama has threatened to veto the pro-life bill.

According to the national survey, 84% of Americans want significant restrictions on abortion, and would limit abortions to, at most, the first three months of pregnancy. This includes almost 7 in 10 (69 percent) who identify themselves as “pro-choice” who support such abortion limits and oppose late-term abortions.

The same percentage (84 percent) also says that laws can protect both the well-being of a woman and the life of the unborn. In addition, by more than 20 points (60 percent to 38 percent), Americans say abortion is morally wrong.

Other national polls also show strong support nationwide for the Pain Capable Unborn Child Protection Act and stopping late-term abortions.

A poll conducted for the liberal Huffington Post find Americans support the ban on late-term abortions starting at 20-weeks of pregnancy by almost a 2-1 margin.

A national poll by The Polling Company found that, after being informed that there is scientific evidence that unborn children are capable of feeling pain at least by 20 weeks, 64% would support a law banning abortion after 20 weeks, unless the mother’s life was in danger.   Only 30% said they would oppose such a law.

A November 2014 poll from Quinnipiac found that 60 percent of Americans support legislation limiting abortions after 20 weeks, including 56 percent of Independents and 46 percent of Democrats.

The bill relies on the science of fetal pain to establish a Constitutional reason for Congress to ban abortions late in pregnancy. The science behind the concept of fetal pain is fully established and Dr. Steven Zielinski, an internal medicine physician from Oregon, is one of the leading researchers into it. He first published reports in the 1980s to validate research showing evidence for it.

He has testified before Congress that an unborn child could feel pain at “eight-and-a-half weeks and possibly earlier” and that a baby before birth “under the right circumstances, is capable of crying.”

He and his colleagues Dr. Vincent J. Collins and Thomas J. Marzen  were the top researchers to point to fetal pain decades ago. Collins, before his death, was Professor of Anesthesiology at Northwestern University and the University of Illinois and author of Principles of Anesthesiology, one of the leading medical texts on the control of pain.

“The functioning neurological structures necessary to suffer pain are developed early in a child’s development in the womb,” they wrote.

“Functioning neurological structures necessary for pain sensation are in place as early as 8 weeks, but certainly by 13 1/2 weeks of gestation. Sensory nerves, including nociceptors, reach the skin of the fetus before the 9th week of gestation. The first detectable brain activity occurs in the thalamus between the 8th and 10th weeks. The movement of electrical impulses through the neural fibers and spinal column takes place between 8 and 9 weeks gestation. By 13 1/2 weeks, the entire sensory nervous system functions as a whole in all parts of the body,” they continued.

With Zielinski and his colleagues the first to provide the scientific basis for the concept of fetal pain, Dr. Kanwaljeet Anand has provided further research to substantiate their work.

One leading expert in the field of fetal pain, Dr. Kanwaljeet S. Anand at the University of Tennessee, stated in his expert report commissioned by the U.S. Department of Justice, “It is my opinion that the human fetus possesses the ability to experience pain from 20 weeks of gestation, if not earlier, and the pain perceived by a fetus is possibly more intense than that perceived by term newborns or older children.”

“The neural pathways are present for pain to be experienced quite early by unborn babies,” explains Steven Calvin, M.D., perinatologist, chair of the Program in Human Rights Medicine, University of Minnesota, where he teaches obstetrics.

Dr. Colleen A. Malloy, Assistant Professor, Division of Neonatology at Northwestern University in her testimony before the House Judiciary Committee in May 2012 said, “[w]hen we speak of infants at 22 weeks LMP [Note: this is 20 weeks post fertilization], for example, we no longer have to rely solely on inferences or ultrasound imagery, because such premature patients are kicking, moving, reacting, and developing right before our eyes in the Neonatal Intensive Care Unit.”

“In today’s medical arena, we resuscitate patients at this age and are able to witness their ex-utero growth and development. Medical advancement and technology have enabled us to improve our ability to care for these infants…In fact, standard of care for neonatal intensive care units requires attention to and treatment of neonatal pain,” Dr. Malloy testified. She continued, “[t]hus, the difference between fetal and neonatal pain is simply the locale in which the pain occurs. The receiver’s experience of the pain is the same. I could never imagine subjecting my tiny patients to horrific procedures such as those that involve limb detachment or cardiac injection.”

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