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Charlotte Lozier Institute

Phone: 202-223-8073
Fax: 571-312-0544

2776 S. Arlington Mill Dr.
#803
Arlington, VA 22206

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Charlotte Lozier Institute

Phone: 202-223-8073
Fax: 571-312-0544

2776 S. Arlington Mill Dr.
#803
Arlington, VA 22206

pain-capable

pain-capable

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June 3, 2024 Abortion Reporting: Arkansas (2023) Abortion Reporting: Arkansas (2023) May 29, 2024 Abortion Reporting: West Virginia (2023) Abortion Reporting: West Virginia (2023) May 29, 2024 Abortion Reporting: Indiana (2023) Abortion Reporting: Indiana (2023)
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Constitutional Law Scholar Urges Constitutionality of Five-Month Abortion Laws

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Breakthrough Study on the Brain Shows Newborns Experience Pain Like Adults

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Science Supports Pain-Capability of Unborn by 20 Weeks

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Late-Term Abortion: Many-Layered Social Injustice

The issue of late-term abortion is among the most agonizing and controversial areas within the larger, contentious debate on the morality and legality of abortion.  To begin with, by the 20th week or fifth month of pregnancy, the fetus is clearly recognizable as a neonate and she is routinely described on professional medical websites in terms that stress her individuality and humanity; in addition, the methods used to terminate fetal life after five months are particularly grim and are often cited by abortion practitioners themselves in ways that indicate their ethical or aesthetic revulsion.

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The Reality of Late-Term Abortion Procedures

Of interest to the medical, moral, sociological, and political issues surrounding late-term abortion is the question of why women seek abortion after twenty weeks gestation. Any data considered to answer this question must be examined carefully for limitations. However, a greater understanding of the reasons why women choose these late-term procedures is valuable to those who seek to offer alternative, compassionate options.

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The Constitutional Viability of Five-Month Abortion Laws

Five-month abortion laws restrict abortion at 20 weeks of pregnancy—when an unborn child can feel pain from abortion. Opponents of five-month abortion laws argue they violate the “viability rule” created by the U.S. Supreme Court. The viability rule provides that government “may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.” In most cases viability will occur after 20 weeks of pregnancy. However, the viability rule is unworkable, arbitrary, unjust, poorly reasoned, inadequate, and extreme. The viability rule cannot be justified, especially as applied to five-month laws. In a challenge to a five-month law it is reasonable to conclude that the Court might abandon the viability rule altogether or not apply it to five-month laws.

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Fetal Pain and a Benevolent Society

The Subcommittee on the Constitution of the U.S. House Judiciary Committee in 2012 held a hearing on legislation that would ban abortions in the District of Columbia after 20 weeks fetal gestation, based on the ability of the fetus to experience pain at that point and beyond.

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