DES MOINES, Iowa — Iowa’s ban on most abortions after about six weeks of pregnancy was signed into law Friday by Gov. Kim Reynolds, but a judge is still considering abortion advocates’ request to put the restrictions on hold.
The new legislation prohibits almost all abortions once cardiac activity can be detected, which is usually around six weeks of pregnancy and before many women know they are pregnant. That’s a dramatic shift for Iowa women; abortion had been legal up to 20 weeks of pregnancy.
The court hearing for the request to put the law on hold ended Friday with the judge saying a decision will be made next week. The legal challenge was filed Wednesday morning by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic.
The state of Iowa wanted the court to conduct a rational basis test — or, essentially, to determine whether Reynolds' abortion ban law is of legitimate interest to the state government.
“The argument from state is the rational basis test applies," said Daniel Johnston, the lawyer representing Reynolds and the state of Iowa. "We’re not arguing under undue burden test. If that were to apply, we would do a record on it."
Johnston later told District 5 Judge Joseph Seidlin, “We would run into kind of an odd, logical problem if that’s what you wanna call it, if the court were to decide that on the basis of these rulemaking issues, that [the law] has to enter an injunction.”
On the other side of the case, the plaintiffs wanted Judge Seidlin to place a temporary injunction as soon as possible on Reynolds' newly signed law.
"The state has no legitimate interest in an unconstitutional law ... [We] request a temporary injunction, and we request it take affect after the governor signing," said Peter Im, the lawyer representing Planned Parenthood Federation of America.
Im also added, “If House File 732 takes effect, Iowans will suffer. So, your honor, for those reason we ask for a temporary injunction, and we would respectfully request, that your honor, rule from the bench on the issue.”
Seidlin said Friday: “Mr. Im, I am not going to rule from the bench… I cannot think of anything that is, would be, more insulting to either side."
Since the judge has not yet ruled, the bill is effective immediately. That means anyone more than six weeks into pregnancy with a scheduled abortion procedure will be impacted.
The new legislation prohibits almost all abortions once cardiac activity can be detected, which is usually around six weeks of pregnancy and before many women know they are pregnant. The bill passed with exclusively Republican support late on Tuesday at the conclusion of a rare, 14-hour special legislative session.
The legal challenge was filed Wednesday morning by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic.
The new measure will be considered in the context of decisions by the U.S. Supreme Court and Iowa’s Supreme Court last year, when both reversed themselves on rulings that had affirmed a woman’s fundamental constitutional right to abortion.
Those decisions prompted Reynolds to ask the court to reinstate her blocked 2018 law, which is nearly identical to the new one. The state’s high court deadlocked last month, prompting Reynolds to call lawmakers back to the Iowa Capitol.
“The Iowa Supreme Court questioned whether this legislature would pass the same law they did in 2018, and today they have a clear answer,” Reynolds said Tuesday in a statement. “Justice for the unborn should not be delayed.”
Planned Parenthood North Central States said Wednesday they are preparing to have to refer patients to other states if the law isn’t blocked but are hopeful there will not be an interruption in their services.
“We are seeking to block the ban because we know that every day this law is in effect, Iowans will face life-threatening barriers to getting desperately needed medical care — just as we have seen in other states with similar bans,” Rita Bettis Austen, legal director for the ACLU of Iowa, said in a statement.
As of Wednesday, 200 patients were scheduled for abortions at Iowa Planned Parenthood or the Emma Goldman Clinic this week and next, according to the court filings. Most of them past the six-week mark in their pregnancies.
There are limited circumstances under the measure that would allow for abortion after the point in a pregnancy where cardiac activity is detected: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality “incompatible with life”; or if the pregnancy is endangering the life of the pregnant woman.
Most Republican-led states have drastically limited abortion access in the year since the U.S. Supreme Court overturned Roe v. Wade and handed authority on abortion law to the states. More than a dozen states have bans with limited exceptions and one state, Georgia, bans abortion after cardiac activity is detected. Several other states have similar restrictions that are on hold pending court rulings.
While several states have passed similar bill, many GOP candidates expressed their support for Governor Reynolds at the annual Family Leadership Summit.
"I'm very proud to say Kim Reynolds is here, and she signed a great heartbeat bill today, we were able to do that in Florida, we had a lot of opposition to that. I'm proud to have been a pro life governor, and I will be a pro life president," said Ron DeSantis, Governor of Florida.
Candidates in attendance were Sen. Tim Scott, Gov. Asa Hutchinson, Vice President Pence, former Gov. Nikki Haley, Vivek Ramaswamy, and Gov. Ron DeSantis. All of the candidates showed strong support for Governor Reynolds.
Former President Donald Trump was not in attendance at the Family Leadership Summit, despite him visiting Iowa multiple times the past few months, and with a scheduled visit to Iowa on July 18th.
Former President Trump criticized Gov. Reynolds earlier this week on Truth Social. He expressed his frustrations with Gov. Reynolds for remaining neutral on candidate endorsements.