Nebraska's controversial abortion ban
Nebraska is banning abortions after 20 weeks on the premise that fetuses feel pain. Is the ban doomed in court?

In a move that will inevitably be challenged by abortion rights supporters, Nebraska has adopted a law banning abortions at or beyond 20 weeks of gestation. If the case reaches the Supreme Court, it could become the most important abortion case in years; there's no legal precedent for a blanket ban on abortion before 22-to-24 weeks—the point at which most fetuses can survive outside the womb—and Nebraska's decision is founded on the controversial assertion that fetuses feel pain. Should Nebraska's law stand? (Watch a CNN debate about Nebraska's abortion law.)
Truth and compassion always win: No one could hold "the youngest surviving premature child," born at 21 weeks, and subject her to "an excruciatingly painful death," says Bradley Mattes in The Christian Post. The Pain-Capable Child Protection Act is precisely the kind of compassionate "new thinking that could successfully challenge Roe v. Wade."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Nebraska's law is based on a lie: Scientists believe that the neural pathways that let us feel pain don't begin to develop until between 23 and 30 weeks' gestation, says Julie Marsh at Cafemom. But the Nebraska ban is about emotion, not science. Its purpose is to erode support for abortion with the image of a child in pain, "a shot to the heart of nearly any parent."
Nebraska will lose in court, but anti-abortion activists still win: Even if this ban is ultimately declared unconstitutional, says Tracy Clark-Flory in Salon, pro-life activists "will have successfully pressured the Supreme Court into reconsidering abortion restrictions." A "technical loss" may be percieved as "a major win."
"Nebraska's abortion bill hasn't got a prayer"
It's science that is fueling the "fetuses feel pain" theory: The pro-life side has gained support over the past 15 years because technological advances have given us a clearer picture of life in the womb, says Marc Thiessen in The Washington Post. As science helps "us to see—and save—babies" earlier, the consensus will grow that "pre-born babies are indeed human beings, deserving of our love, our compassion, and, most important, our protection."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Amazon's 'James Bond' deal could mean a new future for 007
In the Spotlight The franchise was previously owned by the Broccoli family
By Justin Klawans, The Week US Published
-
Why are Republicans suddenly panicking about DOGE?
TODAY'S BIG QUESTION As Trump and Musk take a chainsaw to the federal government, a growing number of Republicans worry that the massive cuts are hitting a little too close to home
By Rafi Schwartz, The Week US Published
-
What is JD Vance's Net Worth?
In Depth The vice president is rich, but not nearly as wealthy as his boss and many of his boss' appointees
By David Faris Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published