Today Prof. William Wagner called on Iowa’s Governor to sign the heartbeat bill. Both houses of the Iowa legislature passed the bill. Wagner is a former Federal Judge and Distinguished Professor Emeritus (Constitutional Law).
The Heartbeat Bill will Survive Supreme Court Scrutiny
According to Wagner, the heart beat bill will survive constitutional scrutiny if reviewed by the Supreme Court.
Wagner stated, “The Court’s cases always balance the government’s ‘profound’ interest in protecting life with the judicially-created ‘right’ of personal autonomy.” (A judge made “right” that authorizes the doctor to kill the child without legal consequences.)
Even the judicial activists on the Court will see the advances in science. Science now literally shows us the heart beating. This heart pumps blood through the child’s body at a very early age. At least some of the active “liberty” justices will likely consider this information.
Rule of Law justices on the court will continue to recognize the jurisprudential illegitimacy of the process the Court used to create the “right” in the first place.
A majority on the court likely exists, therefore, to conclude that an unborn child with a beating heart is worthy of government protection. The Governor should sign the heartbeat bill.