On Monday January 25, 2016, the US Supreme refused to review the 8th Circuit’s decision invalidating North Dakota’s heartbeat law. (MKB Mgmt. Corp. v. Stenehjem, 795 F. 3d 768 (8th Cir. 2015).) The North Dakota law banned abortions when the unborn child has a detectable heartbeat. The Eighth Circuit considered itself bound by the Supreme Court’s decisions in Roe v. Wade and Planned Parenthood v. Casey.
The 8th Circuit did note, however, that “good reasons exist for the Court to evaluate its jurisprudence.” Among other reasons, the lower court noted that the Supreme Court’s case law “discounts the legislative branch’s recognized interest in protecting unborn children.”
At this time, the Court doesn’t appear interested in considering cases that attack Roe/Casey directly.
Supreme Court Won’t Let North Dakota Ban Abortions on Unborn Babies After 6 Weeks