Disir
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- Sep 30, 2011
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A federal appeals court is upholding a block on a Mississippi law that would ban abortion at the detect of a fetal heartbeat, around six weeks into a pregnancy.
A three-judge panel in the 5th U.S. Circuit Court of Appeals on Thursday found the law to be unconstitutional because it would ban abortion before viability, when a fetus could survive outside the womb. Roe v. Wade, the landmark 1973 Supreme Court ruling, legalized abortion nationwide prior to viability, occurring at or around 24 weeks into a pregnancy.
The appeals court wrote in its decision Thursday that the Mississippi clinic said a fetal heartbeat can be detected at six weeks, while attorneys for the state argued that it could occur anywhere from six to 12 weeks.
“But all agree that cardiac activity can be detected well before the fetus is viable,” the appeals court wrote. “That dooms the law. If a ban on abortion after 15 weeks is unconstitutional, then it follows that a ban on abortion at an earlier stage of pregnancy is also unconstitutional.”
Mississippi 'heartbeat' abortion law blocked by federal appeals court
At this point, they are just wasting money knowing that it is going to be thrown out.
A three-judge panel in the 5th U.S. Circuit Court of Appeals on Thursday found the law to be unconstitutional because it would ban abortion before viability, when a fetus could survive outside the womb. Roe v. Wade, the landmark 1973 Supreme Court ruling, legalized abortion nationwide prior to viability, occurring at or around 24 weeks into a pregnancy.
The appeals court wrote in its decision Thursday that the Mississippi clinic said a fetal heartbeat can be detected at six weeks, while attorneys for the state argued that it could occur anywhere from six to 12 weeks.
“But all agree that cardiac activity can be detected well before the fetus is viable,” the appeals court wrote. “That dooms the law. If a ban on abortion after 15 weeks is unconstitutional, then it follows that a ban on abortion at an earlier stage of pregnancy is also unconstitutional.”
Mississippi 'heartbeat' abortion law blocked by federal appeals court
At this point, they are just wasting money knowing that it is going to be thrown out.
