The Iowa Supreme Court has cleared the path for the state’s stringent abortion law, ruling on Friday that it is legally sound and instructing a lower court to lift the temporary block that has kept it from being enforced. This decision would allow Iowa to ban most abortions after approximately six weeks of pregnancy, a point at which many women may not even be aware they are pregnant.
What Happened: In a 4-3 decision, the court sided with Republican lawmakers who have championed the law. Iowa now joins over a dozen other states that have enacted similarly restrictive abortion laws following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade.
The ruling requires the lower court to officially lift the injunction within 21 days. Until that happens, abortion remains legal in Iowa up to 20 weeks of pregnancy. It is uncertain how swiftly the district court will act once the formal instructions are received.
Currently, 14 states have implemented near-total abortion bans, and three others have restrictions starting around six weeks of pregnancy.
The Iowa Supreme Court’s majority opinion emphasized that the state constitution does not guarantee the right to an abortion. The court directed lower courts to evaluate whether the government has a valid interest in imposing restrictions, rather than focusing on whether the restrictions impose an undue burden on individuals seeking abortion services.
In the majority opinion, Justice Matthew McDermott argued that the right to abortion is “not rooted in our state’s history and tradition,” stating that, historically, Iowa has sought to protect unborn life.
However, Chief Justice Susan Christensen issued a strong dissent, contending that the ruling deprives Iowa women of control over their own bodies. She criticized the majority for relying on a historical perspective dominated by male voices from the 1800s, arguing that the Iowa Constitution was not crafted to reflect the equal rights of women.
Background: The ruling signals the potential conclusion of a lengthy legal battle over abortion in Iowa, which intensified in 2022 when both the Iowa Supreme Court and the U.S. Supreme Court overturned previous rulings that had recognized a constitutional right to abortion.
Maggie DeWitte, executive director of Pulse Life Advocates, celebrated the decision at the Iowa State Capitol, expressing that it marks a significant victory for the pro-life movement in the state. “This is a day of celebration for mothers, babies, and the entire state,” she remarked.
Republican Governor Kim Reynolds quickly released a statement expressing her satisfaction with the ruling, saying, “I’m pleased that the Iowa Supreme Court has upheld the will of the people of Iowa.”
The abortion law in question was passed by the state legislature with only Republican support during a one-day special session in July. The following day, the American Civil Liberties Union of Iowa, Planned Parenthood North Central States, and the Emma Goldman Clinic filed a legal challenge. Although the law briefly went into effect, a district court judge soon issued a stay, which Governor Reynolds promptly appealed.
During the brief period the law was active, Planned Parenthood North Central States scrambled to accommodate patients, working late into the night to reschedule appointments and refer women to out-of-state clinics. Court documents show that Iowa clinics had hundreds of abortion appointments scheduled over a two-week period in July, most of which were beyond the six-week threshold.
Since then, Planned Parenthood has halted abortion services in two Iowa cities, including one in Des Moines. The remaining Des Moines clinic currently lacks the capacity to provide abortion services, forcing patients to travel about 36 miles (59 kilometers) north to Ames for the procedure.
On Friday, Iowa’s abortion providers affirmed their commitment to continue offering services within the bounds of the law. Although it is unclear exactly when in late July the injunction will be lifted, both Planned Parenthood North Central States and the Emma Goldman Clinic stated they would maximize the number of appointments before the law takes full effect.
Ruth Richardson, president and CEO of Planned Parenthood North Central States, noted that the organization has spent the past year bolstering its resources in anticipation of this outcome, including expanding facilities in Mankato, Minnesota, and Omaha, Nebraska. “We are prepared to connect Iowans with the critical healthcare they need, even if it means they have to travel out of state,” she said.
Looking Ahead: As the 2024 election approaches, abortion access is poised to be a pivotal issue, both in Iowa and nationwide. The topic was a major point of contention in a recent presidential debate between President Joe Biden and former President Donald Trump. Biden condemned the Iowa Supreme Court’s decision, stating, “This should never happen in America.” The ruling could significantly influence the political landscape in an increasingly conservative Iowa.
Under the Iowa law, abortions after six weeks are only permitted under specific circumstances: rape, if reported to authorities within 45 days; incest, if reported within 145 days; severe fetal abnormalities; or if the pregnancy poses a life-threatening risk to the patient. The state’s medical board has issued guidelines on how doctors should comply with the law, but there remains a lack of clarity on enforcement, including how the board will determine noncompliance and what penalties might be imposed.
The board’s guidance also leaves open questions about the threshold of risk to a pregnant woman before doctors can intervene, a concern highlighted by recent cases across the country. For instance, the Texas Supreme Court recently denied a pregnant woman with life-threatening complications access to an abortion, raising alarms among healthcare providers. Although the U.S. Supreme Court recently allowed emergency abortions in Idaho, it stopped short of issuing broader protections.
Dr. Emily Boevers, an obstetrician-gynecologist in rural Iowa who advocates for abortion access, expressed deep concerns about the potential consequences of the ruling. “I worry about how far a woman’s health will have to decline before life-saving care can be provided,” she said. “I hope our governor will be available by phone to guide us when we’re at that critical point.”