Newsweek’s article shown here discusses the state of Nebraska’s newly passed law that forbids abortions after 20 weeks from conception. This law, called the “Fetal Pain law,” argues the possibility that after 20 weeks the fetus can feel pain. This directly challenges the landmark case of Roe v. Wade where the Supreme Court recognized fetal viability (the point at which the fetus can live outside the womb) as the time that states can outlaw abortion.
As we discussed in class, a point of stasis is the point on which the overall argument hinges. In this case, the point of stasis is clearly how one defines a fetus as a human. Some groups believe that it becomes a human at conception, others believe that it cannot be defined as a human until it is actually born, and there are many groups in the middle of this continuum. This whole argument over abortion hinges on how human life is defined and at what point does an abortion become murder.
The Supreme Court has defined the fetus as a human when it can live outside the womb. Do you think that this Nebraska law will be brought to, and possibly surpass, the Supreme Court’s landmark case of Roe v. Wade?
This article was very interesting to read. The issue of abortion is such a controversial one and with this specific law being passed it makes the issue come to the forefront. It most definitely challenges the Roe v. Wade case and although it has only been passed in one state, it very much could be something that pushes it’s way into national legislature. I agree with you that the point of stasis is how one determines when a fetus is actually a human. The thing that makes this difficult is that it is just as much a controversial as issue as the abortion issue itself.
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