Legal challenges await as Iowa’s 6-week abortion ban is officially signed into law

An Iowa measure banning most abortions after approximately six weeks of pregnancy was signed into law on Friday. This decision has left clinics in a frenzy, scrambling to find out-of-state care for many women whose access to abortions has abruptly ended. A judge is currently considering whether to temporarily halt the law.

A court hearing took place on Friday, but the judge stated that his ruling on whether to put the new law on hold during the assessment of its constitutionality will likely not be made until at least Monday.

Iowa Governor Kim Reynolds signed the measure into law in front of 2,000 conservative Christians, just a mile away from the court hearing.

This new legislation prohibits almost all abortions once cardiac activity can be detected, which usually occurs around six weeks of pregnancy, before many women even realize they are pregnant. This is a significant change for women in Iowa, as abortion was previously legal up to 20 weeks of pregnancy.


Iowa Approves New Six-Week Abortion Ban
Iowa Gov. Kim Reynolds signs into law a bill that will ban most abortions after around six weeks of pregnancy during a visit to the Family Leadership Summit on July 14, 2023 in Des Moines, Iowa.

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The ACLU of Iowa, Planned Parenthood North Central States, and the Emma Goldman Clinic filed a legal challenge on Wednesday, and their representatives spoke at the court hearing on Friday.

After the hearing, District Court Judge Joseph Seidlin acknowledged that it would be inappropriate for him to make a flippant ruling from the bench on Friday. He stated that his decision on whether to halt the law will require more thoughtful consideration and likely will not be made until a later date.

The simultaneous events of Governor Reynolds signing the law and the court hearing highlight the ongoing and contentious battle between abortion advocates and opponents in Iowa. This conflict has been unresolved for years and is expected to remain so for the foreseeable future.

“As we gather here today, at this very moment, the abortion industry is in court trying to prevent this law from taking effect and once again opposing the will of the people,” Reynolds announced before inviting lawmakers and others to join her in signing the law. “However, the passage of this legislation, with an even wider margin of support this time, sends an unmistakable message.”

The bill was passed with exclusive support from Republicans during a rare 14-hour special legislative session on Tuesday.

This new measure will be considered in the context of recent decisions made by the U.S. Supreme Court and Iowa’s Supreme Court. Last year, both courts reversed rulings that had previously affirmed a woman’s constitutional right to abortion. In response to these decisions, Governor Reynolds requested that her blocked 2018 law, which is nearly identical to the new one, be reinstated. The state’s high court was deadlocked on the issue last month, prompting Reynolds to convene the Iowa Capitol for further action.

“The lives of patients are deeply affected every day this law remains in effect,” said Ruth Richardson, the president and CEO of Planned Parenthood North Central States. “Iowans have lost their right to control their bodies and futures.”

Planned Parenthood North Central States had planned to refer patients to other states but remains hopeful that there will not be a significant interruption in services. According to court filings, there were 200 scheduled abortion procedures at Iowa Planned Parenthood or the Emma Goldman Clinic for this week and the next. The majority of these patients were already past the six-week mark in their pregnancies.

One Planned Parenthood clinic extended its operating hours until 9:30 p.m. on Thursday in order to provide abortion care before the new restrictions took effect, according to their attorney.

“I can only hope that all patients who had appointments this morning have received the care they needed and are not waiting at a health center right now,” attorney Peter Im stated during Friday’s court arguments.

There are limited circumstances specified in the measure that would still allow for an abortion after cardiac activity is detected. These circumstances include cases of rape, if reported to law enforcement or a health provider within 45 days; cases of incest, if reported within 145 days; cases where the fetus has a life-threatening abnormality; or cases where the pregnancy endangers the life of the woman.

In the year since the U.S. Supreme Court overturned Roe v. Wade and handed authority on abortion law to the states, most Republican-led states have significantly restricted abortion access. Over a dozen states have implemented bans with limited exceptions, and Georgia, for example, bans abortion after cardiac activity is detected. Numerous other states have similar restrictions that are currently on hold pending court rulings.

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