The 9th Circuit Court of Appeals has struck down Idaho’s 20-week abortion ban, saying it was unconstitutional. It’s not the first time such a ban has been struck down, which means that the anti-choice crowd has more of an uphill battle in the courts than they probably thought.
According to The Hill, the 9th Circuit believes that the 20-week abortion ban is in contravention to Casey v. Planned Parenthood, which upheld abortions before the point of viability. Current scientific thinking says the point of viability for a fetus is around 24 weeks of gestation, not 20. However, anti-choicers believe that fetuses can feel pain at 20 weeks, which is why they support 20-week bans.
Congressional Republicans support a 20-week ban, too, and the House actually passed a bill that would make 20-week abortion bans federal law. The Hill reports that the reason for that, at least according to Representative Chris Smith (R-NJ), is to set up a challenge that the Supreme Court will hear. When the 9th Circuit struck down Arizona’s 20-week abortion ban, the high court refused to hear an appeal. Congressional Republicans seem to be trying to force the court to hear more abortion cases and possibly modify earlier precedents.
A new Gallup poll reveals that half of Americans consider themselves pro-choice again, which Salon says is the first time in seven years that “the position has a ‘statistically significant lead in Americans’ abortion views.'” Essentially, the pro-life movement, which picked up a lot of momentum after the socialist communist fascist dictator Obama was elected, has lost some steam and given way to more pro-choice views again.
It’s possible that this is because of a recent wave of anti-choice laws, with some states (like North Dakota and Texas) trying to ban all abortions without actually banning abortions. Some provisions of Texas’ law have withstood court challenges, while others have been struck down.
North Dakota’s six-week abortion ban was struck down as too restrictive. That ban was based on when a fetal heartbeat can be detected, but most women don’t even know they’re pregnant until six weeks. Therefore, it effectively outlawed abortions in nearly all cases.
In short, the anti-choicers are using everything they can think of to circumvent Roe v. Wade, and every case since that’s reaffirmed a woman’s constitutional right to choose. Depending on what happens with the federal 20-week abortion ban, it’s not likely that the Supreme Court will hear these cases unless conflicting rulings come down from the circuit courts. The anti-choicers need to stop trying to control women and push them down.