LINCOLN, Neb. —Two landmark measures putting new restrictions on abortion became law in Nebraska on Tuesday, including one that critics say breaks with court precedent by changing the legal rationale for a ban on later-term abortions.
Republican Gov. Dave Heineman signed both bills, one barring abortions at and after 20 weeks of pregnancy and the other requiring women to be screened for mental health and other problems before having abortions. Both sides of the abortion debate say the laws are firsts of their kind in the U.S.
A national abortion-rights group already appeared to be girding for a legal challenge, calling the ban after 20 weeks "flatly unconstitutional" because it is based on the assertion that fetuses feel pain, not on the ability of a fetus to survive outside the womb.
"It absolutely cannot survive a challenge without a change to three decades of court rulings," said Nancy Northup, president of the Center for Reproductive Rights. "Courts have been chipping away at abortion rights.... This would be like taking a huge hacksaw to the rights."
The law is designed to shut down a Nebraska physician who is one of few doctors in the nation who performs late-term abortions.
The fetal-pain bill is partially meant to shut down LeRoy Carhart, who attracted attention after his friend and fellow late-term abortion provider George Tiller was shot to death by an abortion opponent in Wichita last year.
Set to take effect in October, it is based on the claim that fetuses can feel pain at 20 weeks. The current standard in abortion restrictions is viability, or when a fetus is able to survive outside the womb — generally at 22 to 24 weeks.
The law could lead to changes in state laws across the country if upheld by the courts, said Mary Spaulding Balch, legislative director for National Right to Life.