Iowa Supreme Court, 3-3, Affirms Invalidation Of Heartbeat Abortion Law

Religion Clause ^ | 6/18/23 | Howard Friedman

[marshmallow]

As previously reported, in 2019 an Iowa state trial court judge held that Iowa's "fetal heartbeat" abortion law violates the Iowa state constitution. The case was not appealed. However, in 2022 the state filed a motion to dissolve the injunction and revive the law. The trial court refused to do so, and that decision was appealed to the Iowa Supreme Court. Now in Planned Parenthood of the Heartland, Inc. v. Reynolds, (IA Sup. Ct., June 16, 2023), the Iowa Supreme Court announced that it was evenly divided, 3-3, on the case (with one Justice recused), so that by operation of law the trial court's decision stands. However individual Justices filed opinions in the case.

The newly decided case was made more complicated by a decision of the Iowa Supreme Court last year in which it rejected subjecting a different abortion regulation to strict scrutiny under the state Constitution, but did not decide what level of scrutiny should apply. This left the standard to be the undue burden test imposed by federal law. (See prior posting.)

Now in last week's decision on the fetal heartbeat law, Justice Waterman (joined by Chief Justice Christensen and Justice Mansfield ) wrote that they would not grant the discretionary writ of certiorari, thus refusing to review the trial court decision. He went on to indicate that even if review were granted, they would affirm the trial court, saying in part:

The law as of today has not changed in a way that removes the “constitutional defect” in the fetal heartbeat bill. The undue burden test remains the governing standard under the Iowa Constitution, and the State concedes, as it must, that the fetal heartbeat bill is unconstitutional under that test. The State therefore has failed to establish that the district court........

[Rurudyne]

The pro-baby killing judges will have to stand before the Judge one day.

[qaz123]

n 2019 an Iowa state trial court judge held that Iowa’s “fetal heartbeat” abortion law violates the Iowa state constitution. The case was not appealed

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RINOs RINOs everywhere. Law was written, they knew it would be challenged, they didn’t care that the judge tossed it.

And for folks like Kemp, who signed these laws when Roe v Wade was still the law of the land, they never thought it would be overturned, so they signed it thinking that it would never be an issue. Now, they have to fake the funk

[One4Life]

Evil wicked judges - pro-life individuals need to stand up and get in done in Iowa. Appeal, new law, constitutional amendment, whatever it takes.

[Jacquerie]

Roe normalized barbarism.

Roe is gone but much of the barbarism remains.

Throw in Scotus restrictions from the 1950s on public religiosity and the stage was set long ago for societal deterioration and ultimate collapse.