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Mar 6, 2017

03

“Life at conception”

 

  • Intro “”
  • “Life at Conception”
    • Interview with Indiana Rep. Curt Nisly of Goshen
    • HB 1134
    • “Protection of life. Repeals the statutes authorizing and regulating abortion. Finds that human physical life begins when a human ovum is fertilized by a human sperm. Asserts a compelling state interest in protecting human physical life from the moment that human physical life begins. Redefines "human being" for purposes of the criminal code to conform to the finding that human physical life begins when a human ovum is fertilized by a human sperm. Makes other conforming changes.”

"We're claiming state sovereignty and saying that the federal government has no jurisdiction in this," he said, referring to the ninth and 10th amendments. He added that the initial Roe v. Wade decision wasn't based in science. Nisly said he had 23 foster and two adopted siblings growing up, and considers the legislation a matter of seeing the "value of each human life." - indystar

Partial birth abortion act of 2003

  • Stenberg V Carhart (nebraska partial birth regulation, 2000, was not upheld)
    • “The District Court concluded that clear and convincing evidence established that Carhart’s D&X procedure is superior to, and safer than, the D&E and other abortion procedures used during the relevant gestational period in the 10 to 20 cases a year that present to Carhart. Moreover, materials presented at trial emphasize the potential benefits of the D&X procedure in certain cases. Pp. 3—10. (b) The Nebraska statute lacks the requisite exception “for the preservation of the … health of the mother.” Casey, supra, at 879 (joint opinion). The State may promote but not endanger a woman’s health when it regulates the methods of abortion. Pp. 11—19.”
    • gonzales v carhart (supreme court upheld 2003 federal ruling)
  • Prohibition on partial birth abortion procedure
  • “An abortion in which the person performing the abortion, deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and performs the overt act, other than completion of delivery, that kills the partially delivered living fetus. (18 U.S. Code 1531)”

Born alive infants protection act of 2002

Most conservative:

  • North Dakota 6 Weeks
  • Arkansas 12 weeks
  • Arizona and North dakota 20 weeks
  • Oklahoma HB 1441
    • “No abortion shall be performed in this state without the written informed consent of the father of the fetus.”
    • “I believe one of the breakdowns in our society is that we have excluded the man out of all of these types of decisions. I understand that they feel like that is their body. I feel like it is a separate—what I call them is, is you’re a ‘host.’ And you know when you enter into a relationship you’re going to be that host and so, you know, if you pre-know that then take all precautions and don’t get pregnant. So that’s where I’m at. I’m like, hey, your body is your body and be responsible with it. But after you’re irresponsible then don’t claim, well, I can just go and do this with another body, when you’re the host and you invited that in.” - Rep. Humphrey
  • Indiana currently 22 weeks

Most liberal:

    • Alaska, Colorado , D.C., Mississippi, New Hampshire, New Jersey, New Mexico, Oregon, Vermont and West Virginia have no specific abortion prohibitions referring to gestation time.
      • Other types of regulations such as spousal approval, waiting periods, ect.
  • Exceptions?

 Doe vs. Bolton (cannot regulate when health at risk)

    • "that the medical judgment may be exercised in the light of all factors—physical, emotional, psychological, familial, and the woman's age—relevant to the well-being of the patient."
  • Justices on the positions (partial birth abortion ban from 2003)

Chief Justice Roberts

  • Pro

Justice Alito

  • Pro

Justice Breyer

  • Anti

Justice Ginsburg (female)

  • Anti
  • 83

Justice Kagan (female)

  • Was sworn in 2005, so too late
  • in 1997 authored a memo to pres. Bill Clinton to support a compromise on late term abortion bans.

Justice Kennedy

  • Upheld partial birth abortion ban
  • Also voted against overturning Roe vs Wade in Planned parenthood vs casey.

Justice Sotomayor (female)

Justice Thomas

  • Directly opposes Roe vs Wade

post-Justice Scalia

  • Did oppose Roe vs Wade

Nominee Neil Gorsuch

  • Constitutional originalist
    • Difficult to put towards abortion
  • Very religious
    • Wrote a book about assisted suicide ““intentional taking of human life …is always wrong” - forbes

Very hard to tell, based off of those who supported/opposed partial birth abortion ban from 2003