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Title: BREAKING: Ohio Senate passes ‘Heartbeat Bill’
Source: Life Site News
URL Source: https://www.lifesitenews.com/news/b ... tbeat-bill-after-length-battle
Published: Dec 6, 2016
Author: Fr. Mark Hodges
Post Date: 2016-12-06 22:48:15 by redleghunter
Ping List: *Pro-Life*     Subscribe to *Pro-Life*
Keywords: None
Views: 1791
Comments: 13

BREAKING: Ohio Senate passes ‘Heartbeat Bill’ after lengthy battle

COLUMBUS, Ohio, December 6, 2016 (LifeSiteNews) — After years of political maneuvering, vote avoidance, and pro-life division, the Ohio Senate passed a bill that will ban abortions once the baby's heartbeat is detected.

The “Heartbeat Bill” hasn’t moved since it was passed in the Ohio House in 2015 after years of delay. If signed into law, the measure would stop the abortion of children whose heartbeat can be detected, which is at about eight weeks' gestation.

The bill was added to House Bill 493, which addresses child abuse reporting. It passed by a 21-10 margin during the senate's lame-duck session.

The Ohio House must agree to amendments and specific language, and then the bill goes to Governor John Kasich’s desk.

More at posted link.

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Begin Trace Mode for Comment # 9.

#8. To: redleghunter (#0)

If signed into law, the measure would stop the abortion of children whose heartbeat can be detected, which is at about eight weeks' gestation.

If signed into law, it will be struck down as unconstitutional as so many such laws before it.

Roe v. Wade, 410 U.S. 164-166 (1972)

XI

To summarize and to repeat:

1. A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.

(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.

(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

2. The State may define the term "physician," as it has been employed in the preceding paragraphs of this Part XI of this opinion, to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined.

In Doe v. Bolton, post, p. 179, procedural requirements contained in one of the modern abortion statutes are considered. That opinion and this one, of course, are to be read together.67

This 'holding, we feel, is consistent with the relative weights of the respective interests involved, with the lessons and examples of medical and legal history, with the lenity of the common law, and with the demands of the profound problems of the present day. The decision leaves the State free to place increasing restrictions on abortion as the period of pregnancy lengthens, so long as those restrictions are tailored to the recognized state interests. The decision vindicates the right of the physician to administer medical treatment according to his professional judgment up to the points where important state interests provide compelling justifications for intervention. Up to those points, the abortion decision in all its aspects is inherently, and primarily, a medical decision, and basic responsibility for it must rest with the physician. If an individual practitioner abuses the privilege of exercising proper medical judgment, the usual remedies, judicial and intra-professional, are available.

__________

67 Neither in this opinion nor in Doe v. Bolton, post, p. 179, do we discuss the father's rights, if any exist in the constitutional context, in the abortion decision. No paternal right has been asserted in either of the cases, and the Texas and the Georgia statutes on their face take no cognizance of the father. We are aware that some statutes recognize the father under certain circumstances. North Carolina, for example, N. C. Gen. Stat. § 14-45.1 (Supp. 1971), requires written permission for the abortion from the husband when the woman is a married minor, that is, when she is less than 18 years of age, 41 N. C. A. G. 489 (1971); if the woman is an unmarried minor, written permission from the parents is required. We need not now decide whether provisions of this kind are constitutional.

nolu chan  posted on  2016-12-07   18:53:26 ET  Reply   Untrace   Trace   Private Reply  


#9. To: nolu chan (#8)

This 'holding, we feel, is consistent with the relative weights of the respective interests involved, with the lessons and examples of medical and legal history, with the lenity of the common law, and with the demands of the profound problems of the present day. The decision leaves the State free to place increasing restrictions on abortion as the period of pregnancy lengthens, so long as those restrictions are tailored to the recognized state interests. The decision vindicates the right of the physician to administer medical treatment according to his professional judgment up to the points where important state interests provide compelling justifications for intervention. Up to those points, the abortion decision in all its aspects is inherently, and primarily, a medical decision, and basic responsibility for it must rest with the physician. If an individual practitioner abuses the privilege of exercising proper medical judgment, the usual remedies, judicial and intra-professional, are available.

Based on the science of 1973.

As you posted above, the Ohio law is viable to withstand Roe.

The effort at the federal level is the Life at Conception Act:

Life at Conception Act

The weakness of Roe v. Wade decision is it gives license to doctors to perform medical procedures on a healthy woman and fetus. 97% of abortions are performed on healthy women and healthy human fetuses.

As you probably know, Roe had nothing to do with abortions performed to save the life of the pregnant woman. Texas already had a statute allowing for life of the woman.

Another interesting fact is Norma McCorvey never procured the abortion she originally sought.

redleghunter  posted on  2016-12-07   20:02:23 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 9.

#11. To: redleghunter (#9)

Based on the science of 1973.

Roe is binding until changed.

This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.

I'm not sure what difference 2016 science makes to the constitutional right to privacy.

As you posted above, the Ohio law is viable to withstand Roe.

No, I posted that the new law would be held unconstitutional. Roe is very clear about the first trimester and that is about 12 weeks.

For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.

That is binding precedent on the District and Circuit and all State courts. The new law would have to be brought before SCOTUS and result in substantially overturning Roe.

Just for the record, I have never supported Roe, and think jurisdiction should lie with the states. The legal reality is Roe.

Another interesting fact is Norma McCorvey never procured the abortion she originally sought.
Yes, birth came a few years before the decision in Roe v. Wade. The pregnancy started in 1969 and the decision came in 1973.

nolu chan  posted on  2016-12-07 22:48:42 ET  Reply   Untrace   Trace   Private Reply  


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