The Associated Press reports that Nebraska's attorney general will not challenge a federal judge's order preventing an abortion health screening law from going into effect, and state pro-life organizations are agreeing that may be the best course of action.
Spokeswoman Shannon Kingery told the AP that a U.S. District Judge's ruling against the law means it "will ultimately be found unconstitutional." With little chance of winning the case, Attorney General Jon Bruning did not want to risk having "Nebraska taxpayers to foot the bill for Planned Parenthood's legal fee."
The Women's Health Protection Act was passed by the Nebraska Unicameral on April 12 in a 40-9 vote. The law requires abortionists to prescreen thoroughly women seeking an abortion for potential physical and mental health problems, or face civil lawsuits from women harmed by their failure to obey the law.
The law mandates that abortionists tell a woman 24 hours in advance of abortion all the risks associated with abortion, that no one can make her have an abortion, and that she can withdraw her consent at any time.
But Planned Parenthood of the Heartland challenged the law, and U.S. District Judge Laurie Smith Camp agreed that it made it more difficult for women to obtain abortions, and would potentially expose abortionists to bankrupting lawsuits.
Julie Schmit-Albin, executive director for Nebraska Right to Life, defended Bruning as having made a tactical decision as AG, and said that he was not compromising his pro-life principles by making the decision.
Bruning expressed concerns over the abortion screening law surviving a constitutional challenge in July, saying that while he is "very pro-life," the state had limited resources for litigation.
At the same time, the Nebraska AG has also made no bones about his distaste for abortion, going so far as to call late-term abortionist LeRoy Carhart "one sick individual." He also said he hated it "that he's here in Nebraska, and I hate it that he's here in America."
"Any suggestion that Attorney General Bruning is shirking his responsibility to defend pro-life legislation is not shared by Nebraska Right to Life," Schmit-Albin told the AP. She added that her organization is "confident that the attorney general will vigorously defend any attack" on the fetal pain law, which is "based upon medical documentation and testimony."
Sen. Cap Dierks of Ewing, the Act's sponsor, said that he was disappointed with Bruning's decision, and said he would work with pro-life groups to sponsor improved legislation at the next chance.
Like NRTL, the Nebraska Catholic Conference agreed with Bruning that the abortion screening law's chances looked slim, but added they would work to pass better legislation that would survive a constitutional challenge next session.
"We are still absolutely committed to what we believe is an important commonsense informed principle," NCC spokesman Greg Schleppenbach told the AP.
Contact: Peter J. Smith
Source: LifeSiteNews.comDate Published: August 19, 2010
