It’s not unusual that once a state has tested out trying a new restriction for obtaining an abortion and the restriction passes, it will pop up soon after in multiple states. Anti-abortion groups like Americans United for Life pull together draft legislation for a state that can work as a boilerplate for other legislatures, a sort of cut and paste approach to encroaching on a woman’s right to choose.
Usually, though, when a law is about to get a national, 50 state push, they don’t pick one that has already been declared unconstitutional.
According to ABC News, the next legislative session could very well be the year of the “Heartbeat Bill” in every state in the country. “A nationwide coalition of anti-abortion groups said Wednesday it is preparing to push legislation in all 50 states requiring that pregnant women see and hear the fetal heartbeat before having an abortion,” the station reports, with one activist adding, “We know it can withstand a judicial challenge.”
There’s only one problem — it can’t. As Texas proved recently when it tried to pass the same bill, it violates a woman’s first amendment rights to force her to listen to the fetal heartbeat, Federal Judge Sam Sparks ruled. And the Supreme Court refused to hear the case.
Pushing possibly unconstitutional law to trying and get it heard by the Supreme Court is one thing. But focusing on legislation that has already been turned down for review by the highest court in the land?
Looks like if the Justices won’t rule, the anti-choice movement is going to force their hand with endless challenges until they are simply forced to weigh in.
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