DES MOINES, Iowa -- "The constitutional basis upon which any claim against the law would be made is a basis that`s founded in Roe v. Wade in 1973," said Renee Cramer, Professor and Chair of Law, Politics, and Society at Drake University.
Since then, in a variety of different cases, the U.S. Supreme Court has said that states can regulate abortion.
"To be constitutional under current jurisprudence, the state would have to show that the law doesn`t constitute an undue burden on women seeking to access the right," said Professor Cramer. Cramer thinks the Iowa ban on most abortions would be vulnerable, if tested by the Court.
"If it reaches the Court as it is presently constituted, I think that the six week ban on abortion in Iowa is likely to be struck down," said Cramer.
And that's for three reasons:
- The six week ban on abortion in Iowa comes before most women know that they're pregnant.
- If a woman or girl has been raped and wants to seek an abortion, due to a pregnancy as a result of rape, the ban gives her 45 days to report that rape in order to access the abortion.
- There there is no salutary benefit to maternal life for a six week ban.
Meanwhile, the Attorney General of Iowa's Office released the following statement on this issue:
"Our office is reviewing the bill and would give strong consideration to defending the law if challenged. In the vast majority of cases, it is our duty to represent the state. We have defended other abortion-related legislation, including the waiting-period and telemedicine laws."
The Governor's Office also released a statement, saying:
"Governor Reynolds is solidly pro-life and will never stop fighting to protect the unborn, however, she doesn’t comment on any bill until seeing it in its final form. This legislation just passed early this morning. Our office has not yet received the bill from the legislature for review, but the governor looks forward to reviewing the final language with her team and taking action in the next couple of days."