http://www.jewishworldreview.com:80/cols/hentoff020211.php3

With Egypt and other challenges occupying him, the president and other
pro-abortion forces may soon have to deal with another problem: the rising
results of a landmark law passed by the Nebraska legislature (44-5) and
signed into law by Gov. Dave Heineman on Oct. 15, 2010. For the first time
in any state legislature, the Pain Capable Unborn Child Protection Act:
"Prohibits abortion after 20 weeks gestation except when the mother has a
condition which so complicates her medical condition as to necessitate the
abortion of her pregnancy to avert death or to avert serious risk of
substantial or irreversible physical impairment of a major bodily function."

As National Right to Life Director of State Legislation Mary Spaulding Balch
explains the meaning of "pain capable unborn children": "Given the
overwhelming body of evidence showing that unborn children can feel pain by
at least 20 weeks postfertilization, states have a compelling interest to
step in and protect these children from the excruciating pain of abortion.

"We fully expect that by the end of the spring state legislative session,
more states will join Nebraska in prohibiting abortion after 20 weeks"
(www.nrlc.org, Jan. 24).

I am a secularist (non-religious) pro-lifer; but I am also a fact-based
reporter. For a partial but long list of clinical scientific studies that
document these post-20 weeks pain capabilities, I recommend
www.doctorsonfetalpain.com/scientific-studies -- beginning with a Nov. 19,
1987, New England Journal of Medicine report, "Pain and Its Effects in the
Human Neonate and Fetus" by Dr. K.J.S Anand, followed by many later studies.

Preparing for this column, I have now read many of these scientific studies.
They bring me back to why and how I became a pro-lifer in the 1980s, to the
surprise and anger of some of my journalism colleagues. I had long accepted
the pro-choice position of most people I knew until, working on a story
about a heated abortion controversy, my research included a non-political,
non-polemical medical textbook, "The Unborn Patient: Prenatal Diagnosis and
Treatment" by Harrison, Globus and Filly, published by W.B. Saunders, a
division of Harcourt Brace Jovanovich.

What first jolted me, forcing me to read it more than once, was: "The
concept that the fetus is a patient, an individual whose maladies are a
proper subject for medical treatment as well as scientific observation, is
alarmingly modern. Only now are we beginning to consider the fetus
seriously, medically, legally and ethically."

Thus began my controversial path as a pro-lifer. Some women reporters I knew
stopped speaking to me. In 1995, when I was astonished to receive the
National Press Foundation award for "lifetime distinguished contributions to
journalism," I came to Washington to eagerly accept it.

The head of the foundation had told me the selection committee's vote was
unanimous; but in the elevator on the way to the auditorium, I ran into one
of the jurors who laughed when I thanked her for being part of that
unanimous recognition.

"Well," she told me, "there was a very lively session before the final
vote." Immediately guessing what had provoked that lively debate about my
being the recipient, I said to the former juror:

"You mean because I'm pro-life?"

She nodded in affirmation. My heresy having been overcome, I took my seat at
the table and listened to the introduction from the then editor of the
Washington Post's editorial page, the legendary Meg Greenfield, who had some
years before made me a weekly columnist for that paper:

"Nat Hentoff is not chic. Never has been, as those of us who have known him
over the centuries can attest. Never will be. He is independent, not tribal
in his views. And he is stubborn -- not to put too fine a point on it, he is
terminally stubborn. He has come to the defense of some of the most
loathsome human beings in our society when he knew their fundamental
rights -- and by extension the rights of all -- were being endangered."

Sitting next to me, my wife, on hearing the "stubborn" reference, vigorously
nodded assent. But how could I not have become stubbornly pro-life once I
saw the fetus as an individual -- medically, legally and ethically. I would
think that anyone who has seen a multidimensional sonogram of an actual
fetus would find it hard to deny that he or she is an individual, a human
person.

There was more to my education. In 1997, as I wrote in my memoir, "Speaking
Freely" (Alfred A. Knopf): "I spoke to a number of physicians who do
research in prenatal development, and they emphasized that human life is a
continuum from fertilization to death. Setting up divisions of this process
to justify abortion, for example, is artificial. It is the life of a
developing (human) being that is being killed.

"The euphemisms for an aborted fetus -- 'the product of conception' and 'a
clump of cells' -- are what George Orwell might have called newspeak."
Orwell was a pro-lifer (Crisis Magazine, February 2004).

This year, as versions of the Pain Capable Unborn Child Protection Act are
introduced in a number of state legislatures, there will obviously be fierce
opposition from local, state and national pro-choice organizations and
political figures, as well as President Obama. I expect, however, that this
Nebraska breakthrough for pro-lifers may well become law in certain states.

One of those laws is likely to come before the Supreme Court. As a civil
libertarian, I'm not a fan of the Roberts Court, but Mary Spaulding Balch
may be right in declaring: "Although it will be a case of first impression,
there are strong grounds to believe that five members of the current U.S.
Supreme Court would give serious consideration to Nebraska's assertion of a
compelling interest in preserving the life of an unborn child whom
substantial medical evidence indicates is capable of feeling pain during an
abortion."

Who knows? Someone whose life is saved by such a law might someday be on the
Supreme Court. Or, if Obamacare is repealed, another survivor may find ways
to significantly improve health care for many of us, without rationing it.





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