Fetal heartbeat bill in iowa seen as chance to overturn roe v. wade gas news of manipur


The bill previously did not include any exceptions to the ban in cases of rape or incest. Republicans amended the bill Tuesday to include those exceptions. The Senate approved the amended legislation overnight to send it to Republican Gov. Kim Reynolds’ desk.

Conservatives’ argument for passing a law now is that by the time it reaches the U.S. Supreme Court — which could take three or four years — Trump could potentially have appointed another one or two justices who could bolster Gorsuch and overturn Roe.

Several national groups are gearing up for a fight to replace Justice Anthony Kennedy, who legal experts speculate could retire as soon as this year. Kennedy was nominated by President Ronald Reagan, but has voted in favor of abortion rights in key cases.

In the meantime, Trump continues to appoint federal judges to lower courts "and all the other justices have gotten three years older," said Martin Cannon, a senior counsel for the Thomas More society, a national law firm that defends abortion restrictions and religious freedom laws around the country.

The fact that the Supreme Court upheld the right to an abortion in several cases over the years makes it extremely unlikely it will reverse course, said Hillary Schneller, a staff attorney for the Center for Reproductive Rights, a national organization that has filed legal challenges to abortion restrictions in other states.

"The composition of the court always changes over time, but bedrock principle of the rule of law remains stable because the justices are bound by the idea that they have to respect and follow established precedent," she said. What could convince the Supreme Court to hear a heartbeat challenge?

"In a way, it’s just too easy a case," said Paul Gowder, a law professor at the University of Iowa who teaches constitutional law. "The Supreme Court very rarely chooses to weigh in on cases that are easy with respect to its prior case law."

The 8th U.S. Circuit Court of Appeals struck down the North Dakota law in 2015. The federal appeals court sits one step below the Supreme Court and has jurisdiction over Iowa cases. Trump has appointed three new judges to that court since its decision in the North Dakota case.

One scenario that could cause the Supreme Court to take up a heartbeat law would be a circuit split, in which two federal appellate courts disagreed about whether similar laws are unconstitutional. Chuck Hurley, chief counsel for the Family Leader, a faith-based group that opposes abortion, believes this will happen. "There’s going to be a circuit split. We don’t know when, I don’t know which panel, but Roe is a tattered mess from the day it was signed," he said.

"When you consider that and when you consider the increasing number of states that are pushing pro-life legislation, it’s unquestionable that Roe and its progeny are going to get reversed. There is going to be a change there. There has to be," Cannon said.

In the telemedicine abortion case in 2015, Planned Parenthood urged the Iowa Supreme Court to find that the Iowa Constitution grants women the right to an abortion and to create more robust protections for abortions in Iowa than the federal constitution provides. But the court sidestepped that question at the time.