NRL News

What’s Airing on Pro-Life Perspective Today? “A Closer Look at the Pain-Capable Unborn Child Protection Act, Part 5”

by | Jan 13, 2012

By Dave Andrusko

Olivia Gans

Pro-Life Perspective co-host Olivia Gans today wraps up a fascinating week-long conversation with Mary Spaulding Balch, director of National Right to Life’s Department of State Legislation and the architect of Pain-Capable Unborn Child Protection Act. In 2012 that piece of legislation, now the law of five states, will be a major focus of National Right to Life and its affiliates.

Ms. Gans begins today’s discussion with an important question: will this law “pass Constitutional muster?” In response Mrs. Balch explains two important considerations.

First, this law would be a question “of first impression.” The Supreme Court has never been asked the question, “Does the state have a compelling interest in protecting the life of an unborn child who is capable of feeling pain?”

Second, are there five justices on the High Court who would agree that the state DOES have this compelling interest? Mary believes there are, which is why pro-abortionists have not challenged the five laws. “They are afraid of the issue of unborn pain,” she says.

Much of today’s conversation delved into the importance of the role of the law as educator. “The law is a great teacher,” Balch said, “allowing us to talk about issues that are very important to the American people.” In this instance, “five states have answered the question of whether they have a compelling interesting in protecting unborn babies capable of feeling pain with a loud and emphatic ‘yes!’”

There is much more to listen to in Part Five. You can listen to this episode, or any of the others this week, at You will also find the list of resources to help you educate your community to the grim reality of fetal pain at

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Categories: Legislation