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Targeting Roe

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States are challenging Roe v. Wade as directly as ever:

Gov. Kim Reynolds Friday signed legislation prohibiting nearly all abortions in Iowa after a fetal heartbeat is detected, making it the most restrictive abortion ban in the nation.

The Republican governor invited supporters into her august Capitol office to mark the occasion.

“I believe that all innocent life is precious and sacred, and as governor, I pledged to do everything in my power to protect it. That is what I am doing today,” Reynolds said.

Security was tightened at the Iowa Capitol in advance of the signing, which has divided the state, and several troopers were seen this afternoon outside Reynolds’ formal office.

The Republican-controlled Legislature approved the bill, after last minute deals, threats and amendments, early Wednesday morning and in the wee hoursTuesday night.

The law, which goes into effect on July 1 if not stopped by courts, will require physicians to conduct an abdominal ultrasound to test for a fetal heartbeat on any woman seeking an abortion. If a heartbeat is detected, a physician cannot perform an abortion. Experts said a fetal heartbeat can be detected about six weeks into a pregnancy and often before a woman realizes she’s pregnant.

The law is, of course, flagrantly unconstitutional under the controlling case. But there’s another purpose — Anthony Kennedy may well resign this summer, and as soon as his replacement is confirmed there will be text cases all teed up. If Trump replaces Kennedy or anyone to his left Roe will not survive the first term of the Trump administration.

And it’s critical to be clear about these consequences. If Democrats take over the Senate in 2018 — still less likely than not, but not impossible — there needs to be a 5-alarm campaign to get every Senate Dem to apply the McConnell rule. Unless Trump nominates Merrick Garland there should not be a single vote for a Trump Supreme Court nominee, and my preference would be to apply the new norm fully and not even consider the nomination. To allow the popular vote loser to change the median vote of the Court made possible by a stolen seat would be simply unconscionable. The fact that Roe will go if a Trump nominee gets confirmed should be front and center.

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