IOWA, USA — Friday marked the first day the Iowa Supreme Court's reversal of 2018 precedent regarding abortion rights could have been finalized. But as of Friday evening, there hasn't been a new filing.
In June, the Iowa Supreme Court reversed a 2018 decision that stated an abortion was a fundamental right to Iowans.
The whole reason the high court reconsidered this case was sparked after a district court rejected a 2020 law from Gov. Kim Reynolds, which sought a 24-hour waiting period for abortions. The judge in that case cited the 2018 decision for his ruling. Following this denial, a group of Republicans asked the Iowa Supreme Court to reconsider the 2018 ruling.
However, the state supreme court's 2018 reversal wasn't immediately finalized. According to the Iowa Attorney General's Office, the Iowa Supreme Court ruling is not considered final until a praecipe, or when the case moves from the Supreme Court to the District Court. The earliest this can happen is 21 days after the ruling.
"There's always that short period of time from when the ruling is to when it's an absolutely final order of the court," said abortion law expert Sally Frank.
Frank says this window of time allows the parties involved in the case to file orders asking the justices to reconsider, something Reynolds did. The governor asked the court to rehear the case under a different legal standard called rational basis.
"She wanted the Iowa Supreme Court to say any abortion regulation has to only pass rational basis," said Frank. "So it's a very loose test, almost nothing is unconstitutional under it."
The Iowa Supreme Court turned down this request. However, Frank says if it would have been granted, it would have cleared the way for legislators to place different bans into place.
"The legislature would know that they could pass bans, and that those bans likely be upheld. That's I think what she really wanted. It wasn't about the 24 hours, it was about clearing the way for the legislature to ban abortion."
Once the 2018 Supreme Court opinion reversal is finalized, the 24-hour waiting period will immediately go into place in Iowa. It will also immediately be sent back to Johnson County District Court for reconsideration.
"The district court will make a ruling one side or the other will clearly and obviously appeal. And eventually, I expect the Iowa Supreme Court to agree to hear that the case," Frank added.
Planned Parenthood Advocates of Iowa says it is already following a 24-hour waiting period for its patients. A request to the governor's office for comment was not immediately returned.