The Briefing Room
State Chapters => State Politics/Government => Topic started by: Elderberry on January 25, 2019, 03:25:29 am
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WacoTrib By DAVID PITT 1/22/2019
DES MOINES, Iowa (AP) — A state judge on Tuesday struck down Iowa's restrictive "fetal heartbeat" abortion law, which would have been the most restrictive anti-abortion law in the nation.
Judge Michael Huppert found the law unconstitutional, concluding that the Iowa Supreme Court's earlier decisions that affirm a woman's fundamental right to an abortion would include the new law passed last year
He also cited several cases in federal court, including decisions in 2015 and 2016 in the 8th U.S. Circuit Court of Appeals that indicated such abortion laws were unconstitutional.
Huppert said prohibiting abortions at the detection of a fetal heartbeat violates "both the due process and equal protection provisions of the Iowa Constitution as not being narrowly tailored to serve the compelling state interest of promoting potential life."
The law would ban an abortion once a fetal heartbeat is detected. That can happen as early as six weeks into pregnancy.
The legal challenge by abortion providers Planned Parenthood of the Heartland and the Emma Goldman Clinic had halted it from taking effect last July.
"I am incredibly disappointed in today's court ruling, because I believe that if death is determined when a heart stops beating, then a beating heart indicates life," Gov. Kim Reynolds said in a statement.
She signed the bill into law in May 2018.
More: https://www.wacotrib.com/news/ap_nation/judge-declares-iowa-fetal-heartbeat-law-unconstitutional/article_9d2ef57d-69af-50ac-aa1e-db609a119025.html (https://www.wacotrib.com/news/ap_nation/judge-declares-iowa-fetal-heartbeat-law-unconstitutional/article_9d2ef57d-69af-50ac-aa1e-db609a119025.html)
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How does some local yokel judge override a state SC ruling?
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How does some local yokel judge override a state SC ruling?
A question that has been asked many times here in the last several years to date without any acceptable answer.
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Iowa judges are some of the most liberal and partisan I've seen. They'll just make it up if they have to.
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A question that has been asked many times here in the last several years to date without any acceptable answer.
Well then I can't wait till next week when a magistrate overrules this judges ruling after he marries a gay couple from Davenport.
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Well, about that "potential life", judge.
The baby has a heartbeat.
You have a heartbeat.
Stop your heartbeat, you die.
If someone made that happen, they'd be up on murder charges.
Yet you ruled that if someone makes their little heartbeat stop, it's okay.
Their blood is on your hands, and you are accessory to murder.
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Judges know best.
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Huppert said prohibiting abortions at the detection of a fetal heartbeat violates "both the due process and equal protection provisions of the Iowa Constitution as not being narrowly tailored to serve the compelling state interest of promoting potential life."
:pondering: Potential life? Aren't we talking about actual life, especially in light of the discernable heartbeat?
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:pondering: Potential life? Aren't we talking about actual life, especially in light of the discernable heartbeat?
Unfortunatly Iowa judges have a habit of making it up as they go along.
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:2popcorn:
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Judges know best.
@rustynail
True. They must be the most educated people in the world to have graduated from both law school and medical school. I always thought it was doctors who determined if someone was alive or dead,and now I discover it's judges.