Iowa Supreme Court Rejects Law Restricting Abortion, Keeping the Procedure Legal

Iowa’s Supreme Court made a rare 3-3 decision, opting not to reinstate a law that would have imposed significant restrictions on abortion in the state. This decision is a setback for Republican Governor Kim Reynolds and means that Iowa, for the time being, will not be joining other conservative states with stringent abortion laws.

The Iowa Supreme Court upheld a district court ruling from 2019 that had blocked the law. It is worth noting that this ruling comes approximately a year after the same court, along with the U.S. Supreme Court, concluded that women do not possess an inherent constitutional right to abortion.

The blocked law sought to ban abortions once cardiac activity could be detected, typically around six weeks of pregnancy, a stage when many women are unaware of their pregnancy.

Justice Thomas Waterman, writing on behalf of the three justices who denied the state’s request to reinstate the law, stated that granting the request would mean circumventing the legislature, altering the court’s standard for reviewing laws, and dissolving an injunction.

The Iowa Supreme Court comprises seven members, but one justice opted not to participate due to her previous association with an abortion provider’s law firm.

While the court’s decision maintains the block on the law, it does not prevent Reynolds and lawmakers from enacting a new law with similar provisions. The decision made on Friday primarily pertains to the procedural aspect, as the appeal in 2022 against the 2019 ruling was deemed untimely.

In Iowa, abortions are legal up to 20 weeks of pregnancy.

Following the U.S. Supreme Court’s reversal of Roe v. Wade, which resulted in the transfer of authority over abortion regulations to individual states, most Republican-led states have significantly restricted access to abortion.

Despite the state and federal court decisions, including Roe, affirming a woman’s constitutional right to abortion at the time, Reynolds signed the law in 2018. However, Planned Parenthood challenged the law in court, leading to a state judge blocking its implementation the following year. Reynolds chose not to appeal the decision at that time.

In a separate case, the Iowa Supreme Court overturned its previous opinion from last year, which had affirmed that the state constitution recognized a fundamental right to abortion. Just one week after that reversal, Roe was overturned, prompting Reynolds to attempt to dissolve the 2019 decision.

However, a state judge ruled that she lacked the authority to do so, prompting Reynolds to appeal to the state’s Supreme Court, which now has a more conservative composition compared to when the law was initially passed. Reynolds appointed five of the court’s seven members.

Although referred to as a “fetal heartbeat” law, the legislation does not accurately align with medical science. When advanced technology can detect the initial visual flutter, the embryo has not yet developed into a fetus and does not possess a heart. An embryo is classified as a fetus eight weeks after fertilization.

The Iowa law includes exceptions for medical emergencies, such as situations posing a threat to the mother’s life, cases of rape, incest, and fetal abnormalities.

Frequently Asked Questions (FAQs) about abortion restrictions

More about abortion restrictions

• Iowa Supreme Court declines to reinstate law banning abortion
• Background on Roe v. Wade
• Information on abortion laws in Iowa
• Governor Kim Reynolds’ stance on abortion