On May 13, 2015 the House of Representatives passed a bill banning abortions after 20 weeks of pregnancy right up until birth. For pro-life supporters, this was a big step in the right direction towards helping to protect vulnerable and voiceless unborn babies.   Congressman Sean Duffy implored for this protection during the debate, which preceded the vote on the bill.

“If you stand with the defenseless, with the voiceless, you have to stand with little babies. Don’t talk to me about cruelty in our bill — when you look at little babies being dismembered, feeling excruciating pain, if we can’t stand to defend these children, what do we stand for in this institution?”

Two days ago, however, the 9th Circuit Court of Appeals ruled against Idaho’s ban prohibiting abortion after 20 weeks of pregnancy. They ruled the law unconstitutional on the grounds that the Idaho law defied a precedent of the Supreme Court. The precedent made abortions illegal where the fetus is considered viable, which is around the 24th week of pregnancy.

Although the ruling crushed Idaho’s law banning abortions after 20 weeks, this does not immediately mean the bill passed by the House of Representatives is soon to be invalid.  Those who support the ban recognize the lower court’s decision as one of the steps leading them closer to the Supreme Court. Mary Spaulding Balch, J.D., Director of State Legislation for the National Right to Life Committee confirmed this by commenting: “We have always recognized that it will take a decision by the Supreme Court to allow expanded protection of unborn children capable of feeling pain, and there are strong indications that five of the sitting Justices would look with sympathy on a law providing such protection.”

Once there, the Court would then be able to review the evidence in support of the ban and the bill passed in the House. “The legislation breaks new ground…by acknowledging the large body scientific evidence showing that unborn children are capable of feeling excruciating pain by at least 20 weeks after fertilization and recognizing that states have compelling interest to protect these pain-capable unborn children.” This evidence of fetal pain can help to establish viability before 24 weeks. With viability in the womb shown to be earlier in pregnancy, the precedent of the Supreme Court would have to be changed. Then states would be able to protect the unborn from abortion earlier in pregnancies and not be challenged as they are now.

The decision in Idaho might not be long-lasting if the very reason the law was overturned becomes inconsequential.  What happened in Idaho could be interpreted as a defeat, which would be a very literal interpretation of events. On the other-hand, the overturning could also be interpreted through the context of a bigger picture as a great opportunity for the pro-life movement.   Pro-lifers will seize this opportunity with the perseverance that has followed the pro-life movement from its beginning.