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UPDATE: Iowa's 'fetal heartbeat' bill struck down by judge

Says it violates the state constitution.

Posted: Jan 22, 2019 4:23 PM
Updated: Jan 22, 2019 5:34 PM

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.

Supporters of the law are likely to ask the Iowa Supreme Court to hear an appeal of Huppert's ruling.

Senate Democratic Leader Janet Petersen said the decision sends a strong message to Iowa women that their constitutional rights are important and their health care decisions should be made by them, not politicians.

"The extreme law should have been overturned because it restricted the freedom of Iowa women and girls to care for their bodies and it forced motherhood on them," she said.

The providers argued in court in December that the law is "blatantly unconstitutional under clear Iowa law."

Planned Parenthood attorney Alice Clapman said courts in several states that recognize abortion as a fundamental right — North Dakota, Arkansas and Mississippi included — have dismissed similar abortion bans before trial.

The Iowa Supreme Court in June struck down an earlier law that required a 72-hour waiting period for women seeking an abortion, ruling that the restriction was unconstitutional and that "autonomy and dominion over one's body go to the very heart of what it means to be free."

Attorney Martin Cannon argued for the state that the bill is extremely narrow in focus by saying a beating heart signifies life in a fetus and that human life must be protected once an abdominal ultrasound identifies a beating heart. He didn't immediately reply to a message seeking comment.

Cannon said the bill does not prevent an abortion. He said it just pushes women to do it sooner in the pregnancy. He argued there are too many disputed issues to be heard at trial and the judge should not end the lawsuit.

Minnesota Coronavirus Cases

Data is updated nightly.

Cases: 891099

Reported Deaths: 9406
CountyCasesDeaths
Hennepin1743652015
Ramsey720081036
Dakota65596566
Anoka62204564
Washington39195354
Stearns32672274
St. Louis28594394
Wright25235206
Scott25213181
Olmsted21580127
Sherburne18406126
Carver1620266
Clay11865102
Blue Earth1121766
Rice11172138
Crow Wing10954121
Chisago970675
Kandiyohi9612106
Otter Tail9568124
Benton8767123
Beltrami798592
Goodhue781495
Douglas7642100
Itasca748694
Mower720247
Winona699856
McLeod692983
Isanti678383
Steele666030
Morrison661678
Becker617472
Polk589184
Freeborn548845
Carlton525973
Nobles521254
Lyon517261
Mille Lacs513272
Nicollet507559
Pine498041
Cass490252
Todd480942
Brown463457
Le Sueur443633
Meeker421057
Martin375943
Waseca364232
Wabasha363710
Hubbard348248
Dodge347611
Roseau307631
Fillmore297015
Wadena296239
Redwood276545
Houston264817
Renville263151
Faribault252431
Sibley246117
Pennington245629
Kanabec240834
Cottonwood224132
Aitkin215350
Chippewa215141
Pope201210
Watonwan193720
Yellow Medicine184721
Rock174328
Swift168522
Koochiching165323
Stevens163111
Jackson159016
Clearwater155120
Murray150611
Marshall150521
Pipestone147729
Lake129224
Lac qui Parle119425
Wilkin119015
Mahnomen104514
Norman10299
Grant9679
Big Stone9305
Lincoln8665
Kittson71223
Red Lake70410
Traverse5986
Unassigned550124
Lake of the Woods5235
Cook3000

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 516453

Reported Deaths: 7289
CountyCasesDeaths
Polk80319799
Linn32142424
Scott26637292
Black Hawk21974378
Woodbury20490258
Johnson19778105
Dubuque18515241
Pottawattamie15890213
Dallas15320113
Story1380258
Warren8450104
Cerro Gordo7964123
Clinton7725114
Webster7326122
Des Moines7098105
Marshall669093
Muscatine6645117
Wapello6441144
Jasper619591
Sioux610177
Lee5908105
Marion557897
Buena Vista502149
Plymouth488388
Henry418655
Benton404859
Jones404862
Bremer395372
Washington391463
Boone389739
Carroll367755
Mahaska365365
Crawford353747
Dickinson314655
Jackson307747
Buchanan305741
Clay295536
Delaware294654
Kossuth289077
Fayette286353
Hardin284353
Tama279777
Page272533
Wright266149
Cedar265527
Hamilton259857
Winneshiek258143
Floyd255449
Clayton244459
Poweshiek237243
Madison234525
Harrison234379
Cass233466
Butler232744
Iowa229634
Jefferson223043
Mills220930
Winnebago215938
Hancock214639
Cherokee211347
Lyon206142
Appanoose205357
Allamakee203955
Calhoun196919
Shelby196442
Union191141
Humboldt185130
Grundy183637
Franklin183029
Mitchell182043
Chickasaw178922
Emmet178246
Louisa176953
Sac171026
Guthrie168137
Montgomery161745
Clarke160829
Keokuk150839
Palo Alto150532
Howard146824
Monroe142739
Ida130141
Greene127517
Davis124625
Lucas124426
Monona122939
Worth12139
Pocahontas120724
Adair114337
Osceola104818
Decatur101913
Taylor98514
Fremont95913
Van Buren93222
Wayne84525
Ringgold76729
Audubon74917
Adams5748
Unassigned480
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