PA Senate attempts to Violate the US Constitution

The Pennsylvania Senate, ignoring long-established Constitutional precedent, has passed a bill banning abortion after 20 weeks. This lawless act is best viewed in context of Constitutional history. This summary is provided by

In 1976, for example, in a case called Planned Parenthood v. Danforth, the Court said, “we recognized inRoe that viability was a matter of medical judgment, skill, and technical ability, and we preserved the flexibility in the term.”

Three years later in Colautti v. Franklin, the Court said it again, but with a bit more specificity: “[N]either the legislature nor the courts may proclaim one of the elements entering into the ascertainment of viability—be it weeks of gestation or fetal weight or any other single factor—as the determinant of when the State has a compelling interest in the life or health of the fetus.” (Emphasis added.)

In 1989, the decision in Webster v. Reproductive Health Services was even more specific than it had been in Colautti. It said, “the legislature could not give one element such as gestational age, dispositive weight.”

And in 1992, the Court in Planned Parenthood v. Casey reaffirmed the central holding of Roe v. Wade—that “viability marks the earliest point at which the State’s interest in fetal life is constitutionally adequate to justify a legislative ban on nontherapeutic abortions.”

Luckily, even if the PA House of Representatives agrees to pass it, we currently have a governor who has promised to veto it. But PA recently went Republican in the 2016 presidential election and it is possible that after the 2018 gubernatorial election we will have a governor who would sign such a bill into law. 

If that happens, any judge worthy of the title "judge" will strike down such an unconstitutional law.