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April 13, 2010

Nebraska requires doctors to screen women seeking abortion for mental illness

The Nebraska legislature apparently has taken to heart Justice Kennedy's spectacularly arrogant pronouncement in Gonzales v. Carhart that "[w]hile we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice [to have an abortion]. Severe depression and loss of esteem can follow." 550 U.S. 124, 159 (2007) (emphasis added). Yesterday Nebraska lawmakers finalized a bill that will require doctors to screen women for possible mental and physical problems before performing abortions. Gov. Dave Heineman declared that he will sign the bill today, along with a second new abortion law that will ban all abortions after 20 weeks, based on the premise that fetuses feel pain.

Well, somebody in Nebraska needs screening for mental problems. Both of these laws, scheduled to take effect in October, should be found unconstitutional in the lawsuit that doubtless will be filed to challenge them. Meanwhile, this chart from Daily Kos says it all -

NE-Chart

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