Court decision could lead to Supreme Court case on fetal pain

National Right to Life News Today discusses how a recent decision by a federal district court to overturn Idaho's Pain-Capable Unborn Child Protection Act could lead to appeals and eventually a Supreme Court case.  The legislation protects unborn children who can feel pain by banning abortions after 20 weeks.

Idaho is one of eight states that have enacted legislation to protect unborn children capable of feeling pain from abortion, but the only one whose law has to date been challenged in federal court.

“We have always recognized that it will take a decision by the Supreme Court to allow expanded protection of unborn children capable of feeling pain, and there are strong indications that five of the sitting Justices would look with sympathy on a law providing such protection,” Balch said. “The next step will be an appeal to the Ninth Circuit Court of Appeals, followed, after its decision, by a request to the U.S. Supreme Court to hear the case.”

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