DES MOINES, Iowa (AP) — An Iowa judge on Monday issued a temporary block on the state’s new ban on most abortions after about six weeks of pregnancy, which was signed into law by Gov. Kim Reynolds just a few days ago.
As a result, abortion is once again legal in Iowa up to 20 weeks of pregnancy until the courts determine the constitutionality of the new law.
The new law prohibits almost all abortions once cardiac activity is detectable, which typically occurs around six weeks of pregnancy and before many women are even aware that they are pregnant.
The measure was approved by the Republican-controlled Legislature during a rare, all-day special session last week. This prompted a legal challenge from the ACLU of Iowa, Planned Parenthood North Central States, and the Emma Goldman Clinic. Judge Joseph Seidlin held a hearing on the matter on Friday but decided to take the issue under advisement, just as Reynolds signed the bill into law less than a mile away.
Abortion providers worked hurriedly last week to accommodate as many appointments as possible before the governor signed the bill, anticipating the uncertainty. They made hundreds of calls and kept clinics open late.
Reynolds swiftly released a statement affirming her determination to fight the issue all the way to the state Supreme Court.
“The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today,” she said.
The ruling on Monday specifies that while the law is temporarily on hold, the state’s Board of Medicine should proceed with the creation of enforcement rules, as stated in the law. This will ensure that health care providers have clear guidance if the law were to take effect in the future.
Under the law, there are limited circumstances in which abortion would be allowed after cardiac activity is detected: in the case of rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if there is a fetal abnormality “incompatible with life;” or if the pregnancy poses a threat to the life of the pregnant woman.
Seidlin specified that his ruling today is based on the “undue burden” test, which requires that laws do not create significant obstacles to abortion. According to the state Supreme Court’s latest rulings on the issue, the undue burden remains in effect and invites further litigation. Seidlin wrote, “This, perhaps, is the litigation that accepts the invitation.”
Based on this standard, it is likely that abortion advocates are correct in asserting that the new law violates the constitutional rights of Iowans, leading Seidlin to grant the temporary block.
Lawyers representing the state have argued, and will likely continue to argue, that the law should be analyzed using rational basis review, the lowest level of scrutiny in assessing 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.”
In the year since the U.S. Supreme Court overturned Roe v. Wade and devolved authority on abortion law to the states, most Republican-led states have significantly restricted abortion access. Over a dozen states have bans with limited exceptions, and Georgia, for example, prohibits abortion after cardiac activity is detected.
Several other states have similar restrictions that are currently on hold due to pending court rulings, as is now the case in Iowa.