Supreme Court turns down proposal to ban 20-week abortions

By the numbers:

20 weeks is the point at which abortion is illegal in many states

24 weeks is generally when fetuses are considered “viable”

40 weeks is how long the average pregnancy lasts

Source: The Associated Press

The Supreme Court rejected a proposed Arizona ban of abortions after 20 weeks into the pregnancy.

Several other states, including Indiana, have similar bans that the decision will not affect.

Supporters of the ban believe the bill protected women’s rights and prevented fetuses from feeling pain, and they expressed disappointment at the rejection.

WASHINGTON — The U.S. Supreme Court has rejected Arizona’s attempt to ban most abortions after 20 weeks of pregnancy.

The decision doesn’t disturb most of the similar prohibitions that other states have on the books.

On Monday, the justices declined to reconsider a lower court ruling that says the law violates a woman’s constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb.

“Viability” of a fetus is generally considered to start at 24 weeks. Normal pregnancies run about 40 weeks.

Gov. Jan Brewer signed the ban into law in April 2012. Nine other states have enacted similar bans starting at 20 weeks or even earlier.

The 9th U.S. Circuit Court of Appeals last year said such bans violate a long string of Supreme Court rulings starting with the landmark Roe v. Wade decision in 1973.

However, most other states’ 20-week bans haven’t been challenged in court, and the 9th Circuit’s ruling is binding only in its nine-state territory, which also includes Idaho.

Other states with 20-week bans include Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Nebraska, North Carolina, North Dakota, Oklahoma and Texas.

Supporters of the Arizona ban argued that it protected women’s health and prevented fetuses from experiencing pain. Whether fetuses can feel pain before viability is disputed.

The supporters also expressed disappointment, frustration and determination.

“Often, it takes multiple times before the U.S. Supreme Court will take an issue,” said Cathi Herod, president of the Center for Arizona Policy. “This fight is far, far from over.”

Other states’ bans generally haven’t been challenged because there weren’t doctors whose practices would be affected and who were willing to fight the issue in court, said Janet Crepps, a lawyer for the Center for Reproductive Rights.

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