By Hannah Fingerhut | Associated Press
An Iowa judge on Monday issued a temporary block on the state’s newly enacted abortion ban, which prohibits most abortions after approximately six weeks of pregnancy. The block allows for abortions to be performed up to 20 weeks of pregnancy while the constitutionality of the law is being assessed in court.
The law, approved by the Republican-controlled Legislature in a special session, prohibits almost all abortions after the detection of cardiac activity, which typically occurs around six weeks of pregnancy, before many women are aware they are pregnant.
Following the signing of the bill into law by Governor Kim Reynolds, several organizations, including the ACLU of Iowa, Planned Parenthood North Central States, and the Emma Goldman Clinic, challenged the law’s legality. Judge Joseph Seidlin held a hearing on the matter on Friday, announcing the temporary block shortly after Reynolds signed the bill.
Despite the block, Reynolds has declared her intention to take the issue to the state Supreme Court, criticizing the efforts of the abortion industry to challenge the will of Iowans and their elected representatives.
The judge’s ruling on Monday states that the state’s Board of Medicine should move forward with creating enforcement rules specified in the law, to provide guidance to healthcare providers if the law were to go into effect in the future.
Exceptions to the ban include cases of rape reported within 45 days, incest reported within 145 days, a fetal abnormality “incompatible with life,” or if the pregnancy endangers the life of the woman. The ruling rests on the “undue burden” test, which requires that laws do not create significant obstacles to abortion.
Using this standard, the judge concluded that the law likely violates the constitutional rights of Iowans and granted the temporary block. Lawyers for the state argue that the law should be analyzed using rational basis review, the lowest level of scrutiny for legal challenges.
Abbey Hardy-Fairbanks, medical director of the Emma Goldman Clinic, expressed relief at the court’s decision, but also acknowledged the uncertain future of abortion in Iowa as further litigation is pending. In the past year, many Republican-led states have placed significant restrictions on abortion access, following the Supreme Court’s decision to allow states to regulate abortion laws.
Several other states have similar restrictions on hold pending court rulings, mirroring the current situation in Iowa.