An Iowa judge has recently temporarily blocked the state’s new ban on most abortions after about 6 weeks of pregnancy.
Consequently, abortion is once again legal in Iowa up to 20 weeks of pregnancy while the courts assess the constitutionality of the law.
The recently approved law prohibits almost all abortions once cardiac activity can be detected, which typically occurs around 6 weeks of pregnancy, often before many women are aware they are pregnant.
The law was passed by the Republican-controlled Legislature during a rare, all-day special session, prompting legal challenges by the ACLU of Iowa, Planned Parenthood North Central States, and the Emma Goldman Clinic. Judge Joseph Seidlin held a hearing on the matter but deferred his decision just as Governor Kim Reynolds signed the bill into law.
Abortion providers made efforts to accommodate as many appointments as possible prior to the law taking effect, anticipating the uncertainty surrounding its implementation.
Governor Reynolds swiftly declared her intention to fight the issue all the way to the state Supreme Court, accusing the abortion industry of attempting to undermine the will of Iowans and their elected representatives.
While the ruling temporarily halts the law, it specifies that the state’s Board of Medicine should proceed with creating enforcement rules as outlined in the law. This ensures clear guidance for healthcare providers if the law were to be enacted in the future.
The law allows for limited circumstances where abortion is permitted after the detection of cardiac activity, such as in cases of rape reported within 45 days, incest reported within 145 days, fetal abnormalities incompatible with life, or when the pregnancy endangers the life of the pregnant woman.
Judge Seidlin based his ruling on the “undue burden” test, an intermediate level of scrutiny that requires laws not to create significant obstacles to abortion.
The state Supreme Court, in its recent rulings, upheld the application of the undue burden standard and invited further litigation on the issue.
Considering this standard, Seidlin granted the temporary block, supporting abortion advocates’ argument that the new law violates Iowans’ constitutional rights.
Using that standard, abortion advocates are likely right to say the new law violates Iowans’ constitutional rights, Seidlin said, which led him to grant the temporary block.
Lawyers for the state argued — and will likely continue to argue — that the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.
“We are deeply relieved that the court granted this relief so essential health care in Iowa can continue,” said Abbey Hardy-Fairbanks, medical director of the Iowa City-based Emma Goldman Clinic, in a statement. “We are also acutely aware that the relief is only pending further litigation and the future of abortion in Iowa remains tenuous and threatened.”
Since the U.S. Supreme Court’s decision to grant authority on abortion law to the states, most Republican-led states have significantly restricted abortion access.
Over a dozen states have enacted bans with limited exceptions, and Georgia has a ban on abortion after the detection of cardiac activity. Several other states have similar restrictions awaiting court rulings, as is now the case in Iowa.
