The Iowa Supreme Court ruled on the state law banning abortions after the sixth week of pregnancy in a decision released Friday, addressing a preliminary injunction that prevented the law from taking effect.
about the Des Moines Register:
The divided Iowa Supreme Court voted 4-3 on Friday to lift an injunction blocking enforcement of the state’s so-called “fetal heartbeat” abortion law and remove legal barriers to future abortion restrictions.
The ruling is the latest in a series of legal battles over the status of abortion in Iowa. It comes after the court ruled in 2022 that there is no “fundamental right” to abortion and after a 2023 case in which the court split 3-3 on what the proper legal standard should be for judging the constitutionality of abortion laws.
The law, which the court has given effect to, prohibits most abortions after cardiac activity in the fetus can be detected – that is, in the sixth week of pregnancy. Exceptions apply in cases of rape, incest, non-survivable malformations of the fetus or to save the life of the mother.
The majority judge, Matthew McDermott, was joined by Justices Dana Oxley, David May and Christopher McDonald in writing the opinion that the court found that because the case was remanded to Polk County District Court, the plaintiff, Planned Parenthood of the Heartland, could not demonstrate “a likelihood of success on the merits” in its challenge to the law under the recent legal standards. The preliminary injunction was lifted.
Although the entry into force of the law is no longer excluded, it will not come into force immediately:
The injunction will remain in effect until the district court officially receives the case, a process that will take at least three weeks, according to Attorney General Brenna Bird’s office. In the meantime, an Iowa law that predated the fetal heartbeat law and allowed abortions up to 20 weeks of pregnancy will remain in effect.
The decision continues:
(*6*) McDermott wrote, adding that “any reason the state identifies represents a legitimate interest for the legislature to pursue, and the Fetal Heartbeat Act’s restrictions on abortion are rationally related to its promotion.”
This was Planned Parenthood’s predictable response to the state’s abortion restrictions:
Ruth Richardson, president and CEO of Planned Parenthood North Central States, said abortion is an “essential, time-sensitive health care.”
“Every person is entitled to the full sexual and reproductive health care they need, including abortion, regardless of their zip code,” she said. “Every patient is the expert of their own life and we trust patients to make decisions about their health, their family and their future.”
Iowa’s Republican governor Kim Reynolds praised the court’s decision, saying: “[t]There is no right more sacred than life, and nothing more worthy of our strongest defense than the innocent unborn.”
She continued: “Families are the cornerstone of society and they will keep the foundation of our state and country stable for generations to come.”
The Iowa Supreme Court’s ruling comes just one day after the U.S. Supreme Court (officially) announced its decision on an abortion law in Idaho. Moyle v. United States, after the document was accidentally posted online due to an apparent technical mishap:
READ MORE:
Oops. Supreme Court declares Idaho abortion decision an accident
The Facts about the US Supreme Court – Issue of 06/27/24: The Sleepers
Supreme Court bombards administrative state and tells Congress to get off its butt and work
This is a developing story and RedState will provide updates as they become available.
