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Polk County judge places temporary injunction on Iowa's 6-week abortion ban law

Judge Joseph Seidlin wrote Monday that HF732 cannot go into effect as the legal proceedings advance.

DES MOINES, Iowa — A Polk County judge has placed an injunction on Iowa's latest law banning abortions, meaning the latest efforts to curb the procedures by Gov. Kim Reynolds and Iowa Republicans have been placed 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 know they are pregnant. That’s a dramatic shift for Iowa women; abortion had been legal up to 20 weeks of pregnancy.

To clarify, Monday's ruling means abortion is once again legal in Iowa up to 20 weeks of pregnancy while the courts assess the new law’s constitutionality.

In a Monday ruling, Judge Joseph Seidlin wrote: 

"The court will grant the temporary injunction requested here. In doing so, it recognizes that there are good, honorable and intelligent people - morally, politically and legally - on both sides of this upsetting societal and constitutional dilemma. Patience and perseverance are also hallmark traits on both sides, traits that continue to deserve respect. The court believes it must follow current Iowa Supreme Court precedent and preserve the status quo ante while this litigation and adversarial presentation which our Supreme Court has invited moves forward."

"I will fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn," Reynolds said in a statement following the ruling.

“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."

Planned Parenthood North Central States has said they will refer patients out of state if they’re scheduled for abortions in the next few weeks. The organization, the largest abortion provider in Iowa, will continue to provide care to patients before cardiac activity is detected.

“If House File 732 takes effect, Iowans will suffer. So, your honor, for those reasons we ask for a temporary injunction, and we would respectfully request, that your honor, rule from the bench on the issue," argued Peter Im, the lawyer representing the Planned Parenthood Federation of America.

This is a breaking news story and will be updated with more information. The Associated Press contributed to this report.

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