Republican lawmakers believe a fetus can feel pain 20 weeks after fertilization. They say they base their point of view on the opinions of doctors they trust.
So the legislators are considering prohibiting most abortions after 20 weeks.
Right now, Wisconsin bans most abortions after viability – about 24 weeks.
Democratic critics of the ban say scientific research concludes fetuses cannot feel pain until later in a pregnancy.
The sides are just as divided over other items in the bill. One mandates what a doctor must do, if a pregnant woman faces a medical emergency, after 20 weeks.
Sen. Mary Lazich, one of the bill’s authors, says in such a case, the doctor “must deliver the baby in a way to assure its survival.” Lazich repeatedly stated during hearings that doctors would be required to use their best medical judgment, to help both the fetus and the woman. Sen. Jon Erpenbach insists Lazich’s words don’t match the bill’s language. Erpenbach points out that the bill is “silent on the mother, but it mentions the fetus specifically, in that the doctor has to provide the best opportunity for the fetus to live.” Erpenbach says he fears doctors will have to turn their attention away from the woman, out of fear of liability.
The abortion bill calls for charging doctors with a felony if they violate the ban. In addition, the mother or father could sue the doctor. Sen. Erpenbach says the penalties could prevent physicians from providing optimal patient care.
“You have a doctor, you have a patient. That’s the end of the story. I don’t want a doctor to have to consult state statutes in an operating room in order to make sure that the doctor is complying with state law, as opposed to trying to save the life of the mother,” Erpenbach says.
Sen. Lazich defends the punishment courts could inflict, saying it’s needed for the bill to effective.
“These are disincentives from violating the law, which we’re putting in place, which is one would not inflict pain on a child, and if someone inflicts that pain intentionally on a child, obviously we need penalties,” Lazich says.
Wisconsin would not be the first state to ban most abortions after 20 weeks. A dozen states have done so. Lazich says the courts have upheld some and struck down others. Wisconsin is in the majority when it comes to pursuing new abortion restrictions. Lawmakers in more than 40 states have introduced provisions so far this year.
