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2011 Neb. L. Rev. Bulletin 1 (2011)

handle is hein.journals/nelrvbu2011 and id is 1 raw text is: 













See You in Court: An Analysis of Nebraska's Newest

Abortion Legislation (LB 1103 - Pain-Capable Unborn

Child Protection Act)

By Tom Venzor*


Introduction

       The bill formerly known as the Fetal Pain Prevention Act was passed by the 101st
Legislature and approved by Governor Dave Heineman as the Pain-Capable Unborn Child
Protection Act ( LB 1103) on April 13, 2010. LB 1103 marks yet another milestone in
Nebraska's recent pro-life legislative activities. In the wake of the State's ban on partial-birth
abortions1 and passage of an informed consent law concerning ultrasound availability (LB 675), 2
LB 1103 is one more reason why the National Abortion Rights Action League (NARAL) Pro-
Choice America grades Nebraska with an F on the issue of abortion.3

       Unlike the majority of Nebraska bills, LB 1103 has attracted a broad array of national
attention from various news outlets.4 For some, LB 1103 has been recognized as legislation
signifying the human dignity of the fetus.5 For others, it is a solution in search of a problem.'6



J.D. Candidate, University of Nebraska College of Law, May 2011

Partial Birth Abortion Ban, 1997 Neb. Laws 35-39 (1997), amended by NEB. REV. STAT. §28-328 (2007).
2 LB 675, 2009 Neb. Laws LB 675 (2009).

3 Nebraska: NARAL Pro-Choice America, PROCHOICEAMERICA.ORG, http://www.prochoiceamerica.org/government-
and-you/state-governments/state-profiles/nebraska.html (last visited Nov. 22, 2010).
4 E.g., Monica Davey, Nebraska Law Sets Limits on Abortion, N.Y. TIMEs, April 13, 2010,
http://www.nytimes.conVl2010/04/14/us/14abortion.html?_r= l &ref=monica davey; Emily Ingram, Proposed
Abortion Bill Focused on When Fetus Feels Pain, ABC NEWS, Feb. 25, 2010, http://abcnews.go.com/Politics/fetal-
pain-center-proposed-nebraska-abortion-ban/story?id=9947268; Marc A. Thiessen, Bringing Humanity Back to the
Abortion Debate, WASH. POST, April 19, 2010, http://www.washingtonpost.conwp-
dyn/content/article/2010/04/19/AR2010041902082.html.

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