"Fetal pain" laws that try to elide past the viability rule is part of the "get Kennedy to stretch Casey" strategy. The 9th Cir. followed precedent and overturned a ban, it not their role to criticize the line or suggest alternatives. IF fetal pain did exist, the path might be anesthesia, not banning all abortions at that point. A bit blunt there anti-choicers.
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Thanks for your .02!