Gov. Beebe of Arkansas yesterday vetoed a bill that would have allowed abortions only if it was determined that the baby was less than 20 weeks old. His reason for the veto: the bill “would squarely contradict Supreme Court precedent” by imposing a ban on a woman’s right to choose an elective, non-therapeutic abortion before viability, Beebe said in a statement announcing the veto. “When I was sworn in as governor, I took an oath to preserve, protect and defend both the Arkansas Constitution and the Constitution of the United States. I take that oath seriously,” the governor said.
He's right about the bill being unconstitutional, but he's very wrong about why. The bill is unconstitutional because it fails the requirement that all persons must be afforded equal protection under the law. Any law that allows the killing of a baby just because he or she has not yet passed the 20 week gestational date clearly affords unequal protection to persons based on age. The Supreme Court has embraced a legal fiction in voicing opinion that children in the womb are not persons.
Read more about the veto, and the prospects for it being overriden, in the top front page story in today's Fort Smith Times Record -- http://swtimes.com/sections/news/politics/beebe-vetoes-abortion-bil...
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