WASHINGTON – An Idaho law protecting unborn children who are capable of feeling pain from abortion has been challenged in the U.S. District Court for Idaho. A hearing on a request for a temporary restraining order is scheduled in federal district court for September 8. The Pain-Capable Unborn Child Protection Act was passed by the Idaho state legislature by overwhelming majorities earlier this spring. In passing the law, the legislature determined that there is substantial medical evidence concluding that unborn children are capable of experiencing pain and that the state has a compelling state interest in protecting these pain-capable children.
“Unborn children recoil from painful stimuli, their stress hormones increase when they are subjected to any painful stimuli, and they require anesthesia for fetal surgery," said Mary Spaulding Balch, J.D., director of state legislation for the National Right to Life Committee (NRLC). “We are confident that the Supreme Court will ultimately agree and will recognize the right of the state to protect these children from the excruciatingly painful death of abortion.”