Dec 13, 2016 | 12:02 PM
Will Roe v. Wade always be the law of
the land? Some Ohio legislators don't think so. Here's news about that state's
"heartbeat" law and why it matters.
On December
7th, the Ohio legislature passed a law that would outlaw abortion after the
fetus' heartbeat could be detected, which in some cases is as early as six
weeks.
The bill
"would make it a fifth-degree felony, punishable by up to one year in prison,
for a physician to perform an abortion without checking for a fetal heartbeat or
performing the procedure after it can be detected."
The
so-called "Heartbeat Law" had been debated in previous legislative sessions, but
had never made it through the state senate. This time, the senate passed the
bill 21-to-10.
As I record
this broadcast, the bill — along with another bill that prohibits abortion after
20 weeks — sits on Governor John Kasich's desk, awaiting his
action.
This is potentially a big deal. Here's
why.
This is not
the first time such a measure has been enacted at the state level. In 2013, both
North Dakota and Arkansas enacted measures that were similar to the Ohio
measure. In both instances, the bills were quickly struck down by federal
courts. And in January of this year, the Supreme Court declined to hear these
cases on appeal.
This legal
track record is why Ohio Right to Life did not support the bill and why Governor
Kasich has expressed doubts about its constitutionality.
Yet in
addition to the senate, the bill also passed by a 56 to 39 margin in the Ohio
house. Why? Well, as Ohio Senate President Keith Faber told the Columbus
Dispatch, we have "a new president, new Supreme Court appointees, and there was
consensus in our caucus to move forward." Therefore, Faber added, the bill "has
a better chance than it did before."
Faber is
obviously referring to the prospect of president-elect Trump nominating, and the
Senate approving, at least one if not more Scalia-like conservatives to the
Supreme Court.
The timing
here is what's interesting. Assuming the bill becomes law, it will certainly be
challenged in federal court, where, as Ohio Right to Life and Governor John
Kasich rightly suspect, it will be struck down by a federal district court
judge. As the law now stands, it could hardly be otherwise.
That's where
the interesting part starts. Appeals take time, and by the time the case makes
its way through the courts, a lot could have changed, including even a second
opening on the Supreme Court.
And even if
this law does not become the vehicle to overturn Roe and return the issue of
abortion to the states, it could be a vehicle for chipping away at Roe's impact. A case in point:
North Dakota's "heartbeat bill," which North Dakota Governor Jack Dalrymple
called "a legitimate attempt by a state legislature to discover the boundaries
of Roe v.
Wade ."
Until
recently, most states and people simply assumed Roe was sacrosanct and that any
attempt to restrict abortion was legally impermissible. Thankfully, in more
recent years, people at the state level have challenged that assumption. Which
is exactly why, during the election season, Eric Metaxas and I reminded voters
that the down ticket ballot was so crucial.
Sometimes,
as in the Supreme Court's recent decision regarding Texas abortion clinics,
unborn children lose to politics, but we never stop trying. We can't stop
trying. This Ohio bill is a big deal. If nothing else, it keeps pressure on Roe and its
defenders.
And so we
await the governor's action. Even if he vetoes it, the veto can be overturned by
a three-fifths vote of both the Ohio Senate and the House, which, for the
record, the GOP controls by more than the necessary margin.
And while we
wait for Ohio lawmakers to act, you and I must act. By praying. Pray, pray,
pray. And to help, I'm pleased to announce we've just released our 21 Days of
Prayer for Life as a free digital download. Just come to BreakPoint.org/21days .
Read
more at
http://www.christianpost.com/news/why-ohios-new-anti-abortion-measure-could-be-a-big-deal-172088/#yDXrkll87TO8Qoxe.99 
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