Question

Unit 9 Assignment Please read H.R.36 - Pain Capable Unborn Child Protection Act before beginning this assignment. First, please summarize the Act. Then, discuss how this potential legislation departs from the standards presented in Roe an Casey. How would the enactment of this policy change the current abortion laws in the United States? This assignment should be no less than two and no more than four double-spaced pages in length.

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Answer 1

Pain-Capable Unborn Child Protection Act

This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

Though today’s opinion does not go so far as to discard Roe or Casey, the Court, differently composed than it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of “the rule of law” and the “principles of stare decisis.”In candor, the [Partial Birth Abortion Ban] Act, and the Court’s defense of it, cannot be understood as anything other than an effort to chip away at a right declared again and again by this Court 550 U.S. at 191 (Ginsberg, J., dissenting)The Court’s hostility to the right Roe and Casey secured is not concealed. Throughout, the opinion refers to obstetrician-gynecologists and surgeons who perform abortions not by the titles of their medical specialties but by the pejorative label “abortion doctor.” A fetus is described as an “unborn child,” and as a “baby”; second-trimester,previability abortions are referred to as “late-term”; and the reasoned medical judgments of highly trained doctors are dismissed as “preferences” motivated by “mere convenience.” Instead of the heightened scrutiny we have previously applied, the Court determines that a “rational” ground is enough to uphold the Act. And, most troubling, Casey’s principles, confirming the continuing vitality of “the essential holding of Roe,” are merely “assume[d]” for the moment, rather than “retained” or “reaffirmed”. Id. at 186-87 (internal citations omitted)(Ginsberg, J., dissenting)

Changes at the state and federal level made 2019 a volatile year for abortion access.But for activists, the fight is just heating up. Reproductive rights experts anticipate the abortion landscape to change even more dramatically in the year ahead, thanks to an onslaught of expected court rulings and new laws.Many of the battles in the coming year stem from policies implemented and struck down in prior years.Republican-led states, emboldened by the Supreme Court’s new conservative majority and the Trump administration’s anti-abortion policies, passed 59 abortion restrictions in 2019.Among those restrictions was a wave of state-led abortion bans that were temporarily blocked from going into effect last year. Experts, citing these factors, expect the new year to continue to be challenging for abortion rights.