In a 3 to 3 split decision, the Iowa Supreme Court allowed the permanent injunction against the Heartbeat Bill to stand.
Translation: unborn Iowa children have no legal protections from Iowa abortionists until they reach 20 weeks in the womb, at which point they can feel the pain of abortion.
Despite the fact that Iowans have elected pro-life legislators to end abortion when the fetal heartbeat is detected, Iowa’s abortion laws remain more liberal than any nation in all of Europe, except Iceland and the Netherlands.
Pulse Executive Director, Maggie DeWitte, provides this analysis:
“In 2018, Our duly elected legislators passed the Heartbeat bill. Today, the Iowa Supreme Court has failed to allow this law to be enforced.
According to Justice McDonald in his ruling: “Despite this well-established law, my colleagues insist that the legislature needed to reenact the same statute “to resolve the legal uncertainty as to whether the 2018 statute could be revived.” There is no “legal uncertainty” under Iowa law; there is only my colleagues’ refusal to apply “well settled” Iowa law. Not only is the law well settled in Iowa, but this is also the generally accepted law in America.” He further stated, “It is almost universally accepted (except by my colleagues today) that courts have inherent authority to modify or dissolve a permanent injunction based on changes in fact or law without regard to the passage of time.”
While today’s decision is extremely disappointing, it does leave the door open for our legislature to pass another law. We will continue to fight for all Iowans. This ruling only delays the day when all innocent life is cherished and protected. We continue our work in Iowa to educate on the sanctity of human life.”
Pulse’s ally in the fight for life, The Family Leader, issued the following statement:
“The Iowa Supreme Court tied 3-3 in a ruling today, effectively permitting a lower court’s injunction against Iowa’s 2018 Heartbeat Law to stand. The judicial system, therefore, has effectively blocked the law from going into effect. The ruling does leave open the possibility that Iowa’s lawmakers could re-pass the law – or something similar – to increase protection for unborn children.
Today’s ruling is profoundly disappointing.
Iowa’s elected representatives have already passed Heartbeat once. Then Iowa’s people affirmed that decision by reelecting a Legislature committed to protecting innocent children in the womb, rather than a Legislature of Planned Parenthood allies that would open the slaughter of unborn babies to all 9 months of pregnancy. The people of Iowa have already spoken up for life. But unfortunately, today’s ruling will result in more children killed, more women wounded, and only delays the day when ALL innocent life is cherished and protected by law. And that day will come, because that little child in her mother’s womb – she’s a baby, and she deserves to be protected.”
And Iowa’s pro-life attorney general, Brenna Bird, released this statement:
“I am disappointed that the Iowa Supreme Court today did not decide the Heartbeat law case. Due to the tie, the district court decision is allowed to stand. There is no right more valuable than the right to life. I will keep fighting to protect the unborn.”
Pulse Life Advocates will continue to advocate for humane legislation that protects the human life in the womb at conception.
It’s not disappointing. It’s mind boggling. The constitution and law is clearly on the side of the legislature to pass and have enforced the heartbeat bill. How in the world is applying constitutional law to a just and rightly passed and signed bill “legislating from the bench?” Unfortunately, the 3 supreme Court justices terms are not up until 2028. The governor should call a special session and repass the heartbeat bill immediately.
This is immensely disappointing to hear. We must keep fighting to protect the unborn from being murdered.