Posted by 23 January 2019
An effort to ban abortions in Iowa if there was a detectable fetal heartbeat has been stopped by the courts. Backers are vowing to appeal this ruling with an eye towards overturning Roe v. Wade.
In 2018, Iowa legislators passed a strict ban on abortions in cases where a fetal heartbeat could be detected. District Court Judge Michael Huppert ruled yesterday that this was unconstitutional since heartbeats could be detected prior to the viability of the fetus.
Backers of this legislation knew that it would face judicial challenges. In fact, one of the senators supporting the law at the time of its passage said, “We created an opportunity to take a run at Roe v. Wade - 100 percent.” Under this strategy, the legislation would make its way through the court system until taken up by the Supreme Court. Presumably the high court would then use that opportunity to rule on whether the 1973 case legalizing abortion nationwide, Roe v. Wade, should be overturned.
Those opposed to this law hailed the court’s decision as consistent with constitutional protections for abortion. They also said that the decision was a victory for women’s freedom and health care.
Do you think that states should ban abortions when a fetal heartbeat can be detected? Should the Supreme Court overturn Roe v. Wade?