“I believe LB1103 presents a middle ground on which folks on both sides of the abortion divide might agree. LB1103 doesn't prohibit all abortions; it doesn't prohibit most abortions. It only prohibits, with certain exceptions, late-term abortions after 20 weeks, after a point in which the unborn baby can feel pain,” he said in his prepared testimony Thursday afternoon.

Flood said his goal was to establish that there is a legitimate legal argument to allow for some regulation of abortions that are later term but a couple of weeks prior to viability.

“It seems reasonable to me that if an unborn child reaches 20 weeks, and has an ability to feel pain, he or she is worthy of the state's protection,” Flood said.

Taking a position on the infliction of pain is not something new for the state. Part of Nebraska’s criminal code spells out offenses against animals for abandonment, neglect and torture. “We rightly have laws against leaving animals out in the cold without food or water,” he said.

Flood also noted that abortions after 20 weeks gestation are rare in Nebraska.

“With these facts in mind, I think LB1103 is a modest and reasonable proposal, which fairly balances the privacy rights of a woman with the interests of the state in protecting and promoting fetal life,” he said. “While the bill does not impact a majority of situations, it will provide a needed protection for the unborn child who is 20 weeks of age from the painful procedures of abortion.”

Flood said it could be up to two weeks before the Judiciary Committee members decide whether to advance the measure to the floor of the Unicameral for debate.

“I hope they allow science to make the case and see fit to send the bill out,” he said.