The Iowa Supreme Court handed down its “verdict” this morning (June 16th) on whether or not it would allow Iowa’s Fetal Heartbeat Law to finally go into effect. The much-anticipated decision could have greatly curtailed the killing of Iowa’s innocent unborn children. Instead, it ended in a 3-3 tie — and this tie functions as a loss for the LIFE movement. It also feels like a kick in the teeth.
When the supreme court is equally divided, the decision of the district court is affirmed and, essentially, nothing changes. Since the district court had previously ruled that it didn’t have the authority to lift the injunction, the injunction won’t be lifted.
As such, at least for now, abortion remains legal in Iowa within the first 20 weeks of pregnancy. At least for now, the silent pleas of Iowa’s unborn — our most innocent and our most vulnerable people group — continue to go unanswered. And, at least for now, most definitely, the fight for LIFE continues.
But what is next?
The opinion rendered by the court left the primary issue still undecided. We will spare you the tedious legal mumbo jumbo, but, effectively, it dared the legislature to pass a new law so the court could once again reconsider the standard by which abortion laws in Iowa will be evaluated in state and post the Dobbs decision.
It is important to note, that in the case of a tie vote, like today’s, the opinions do NOT become legal precedent. But today’s renderings do serve to provide insight into how the high court might rule in the future. It seems that three justices read the Iowa Constitution in a way that would allow for pro-life legislation, while three others probably do not. As such, if the legislature passes another similar pro-life law, the court — as it is currently composed — could hand down another 3-3 tie — this assumes that Justice Oxley stays on the sidelines due to a conflict of interest and that no one leaves the bench in the meantime.
In a recently released statement, Gov. Kim Reynolds said her administration was considering options, but no specifics were mentioned.
Will the governor call a special legislative session?
Will the legislature pass a new Heartbeat Law?
Will the legislature do even better and pass a Life at Conception Law?
While this all might sound futile in light of today’s tie and the probability of a future tie, but let’s not forget: The legislature and Gov. Reynolds could attempt to prohibit abortion — even from conception — by passing a bill armed with a private-right-of-action enforcement mechanism as Texas once did. That legislation would be much different than the one that died today. Please remember that even before Roe was overturned, the Texas law successfully halted abortions in that state. So there definitely are legitimate legislative paths forward.
Stay tuned.
The fight for LIFE continues.
Pray like crazy.
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