Here is a link to a LifeNews story on the Supreme Court’s January 19, 2016 refusal to review a federal court of appeals decision holding unconstitutional the Arkansas Human Heartbeat Protection Act. The Arkansas law required abortionists to perform tests to determine whether the unborn child’s heart was beating and also prohibited abortions if a heartbeat was detected and if the fetus is 12 weeks or greater gestation.
The federal court of appeals decision (Edwards v. Beck, 786 F. 3d 1113 (8th Cir. 2015)) that the Court refused to review was notable because the judges, who considered themselves bound by Supreme Court precedent, explained the problems with the Supreme Court’s viability standard. The lower court further noted that the issues involved were better suited for the legislative, not the judicial, process.
The Arkansas law was a direct challenge to Roe and Casey, which effectively prevent states from prohibiting abortions at any point during pregnancy.
Supreme Court Blocks Arkansas Law Banning Abortions After Baby’s Heart Starts Beating