Topline
The Iowa Supreme Courtwill allowalawto take effect that bans abortions when fetal cardiac activity is detected, which could occur as soon as six weeks into pregnancy, lifting atemporary injunctionas the legality of the ban is contested in lower courts.
Key Facts
The judges in a 4-3 decision ruled that the law, which wassignedby Republican Gov. Kim Reynolds in July 2023 and was the subject of alawsuitfrom Planned Parenthood, could take effect, reaffirming there is no constitutional right to abortion in the state’s constitution and noting the law upholds “the state’s legitimate interest in protecting unborn life.”
Thetemporary injunctionwas based on Planned Parenthood’s likelihood to succeed in a constitutional challenge, which the state’s Supreme Court ruled the group “cannot show a likelihood of success on the merits” of the basis of the challenge.
Chief Justice Susan Christensen, as well as judges Edward Mansfield and Thomas Waterman, dissented in the court’s81-page ruling.
Reynoldspraisedthe decision in a statement, saying: “There is no right more sacred than life, and nothing more worthy of our strongest defense than the innocent unborn.”
Chief Critic
Planned Parenthood called Friday’s ruling “a devastating blow”in a statement. “Today’s dangerous and reprehensible ruling will impact Iowans for generations to come,” said Planned Parenthood North Central States President and CEO Ruth Richardson. “Abortion is essential, time-sensitive health care. We want people to know that Planned Parenthood is here and committed to meeting the health care needs of as many patients as possible.”
What To Watch For
The abortion ban will take effect when the case goes back to the district court, according toPlanned Parenthood,which said it will take at least 21 days to do so. Abortion will remain legal in Iowa in the interim.
Crucial Quote
“In my opinion, the only female lives that this statute treats with any meaningful regard and dignity are the unborn lives of female fetuses,” Christensenwrotein her dissenting opinion. “After that, this statute forces pregnant women (and young girls) to endure and suffer through life-altering health complications that range from severe sepsis requiring limb amputation to a hysterectomy so long as those women are not at death’s door.”
Big Number
21. That’s how many states have abortion bans or restrictions in place as of June 27, according to a tracker fromThe New York Times.Fourteen states have full bans on the procedure.
Key Background
The U.S. Supreme Court’s 2022 reversal of Roe v. Wade ledmore than a dozenstates to implement bans or restrictions on abortion, many without exceptions. Iowa’s law hasseveral exceptionsthat would allow abortion after the six-week limit, including in cases of rape and incest if reported to authorities within 45 and 145 days, respectively, fetal abnormalities, miscarriages or if the fetus is endangering the life of the mother. Iowa lawmakers previously tried to pass asix-week ban in 2018,though the state’s Supreme Courtdeadlockedon the measure last summer. Another six-week ban was proposed, and eventually passed, following aspecial session.Planned Parenthoodswiftly filed a lawsuitagainst the measure, which resulted in thetemporary injunction.
Tangent
The U.S. Supreme Court ruled Thursday emergency abortions willremain legal in Idaho,but the procedure could still be outlawed in the future.
Further Reading
Emergency Abortions Remain Legal—For Now—As Supreme Court Dismisses Case(Forbes)
Iowa Judge Temporarily Suspends New Abortion Ban(The New York Times)
Planned Parenthood Sues Iowa Over New Six-Week Abortion Ban(Bloomberg Law News)
Nevada Is One Step Closer To Having Abortion On The Ballot This Election—Joining These Other States(Forbes)
Tracking Abortion Bans Across the Country(The New York Times)
