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Abortion Constitutionality Fetal pain Legislation

Teresa Collett defending Pain-Capable Child Protection Acts

Here is a good article on the Public Discourse website  by Teresa Collett (president of University Faculty for Life) defending Pain-Capable Child Protection Acts. http://www.thepublicdiscourse.com/2012/04/5176 Teresa explains:  “These laws are premised on the idea that an unborn child’s capacity to feel pain, independent of fetal viability, is sufficient to establish the humanity of the child and to sustain a limited prohibition on abortion. Like partial-birth abortion bans, these laws advance public recognition of the unborn child’s humanity and should be supported.” The article discusses the evidence supporting the view that unborn children can feel pain at about 20 weeks post-fertilization. It also discusses the constitutionality of these bans. On the constitutional issue, Teresa concludes:”

Recognition of a compelling state interest in the protection of pain-capable unborn children does not require the Court to reject a woman’s liberty interest in obtaining an abortion or the balancing framework of Casey.  It only asks the Court to recognize the legislature’s ability to use new scientific evidence that supports a strong state interest in regulating abortions at twenty weeks after fertilization. Pain-Capable Unborn Child Protection Acts modestly expand upon the states’ interests in the protection of fetal life and affirm the value of unborn life as recognized in the latest Supreme Court cases addressing abortion.”

Richard M.

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew. http://www.avemarialaw.edu/index.cfm?event=faculty.bio&pid=11705E7D4E0111010366