IOWA, USA — An Iowa judge has ruled the state's strict abortion law will take effect Monday, preventing most abortions after about six weeks of pregnancy, before many women know they are pregnant.
The law passed last year, but a judge had blocked it from being enforced. The Iowa Supreme Court reiterated in June that there is no constitutional right to an abortion in the state and ordered the hold to be lifted. That translated into Monday's district court judge's decision ordering the law to into effect next Monday at 8:00 a.m. Central time.
Lawyers representing abortion providers asked Judge Jeffrey Farrell for notice before allowing the law to take hold, saying a buffer period was needed to provide continuity of services. Iowa requires pregnant women to wait 24 hours for an abortion after getting an initial consultation. Abortion had been legal in the state up to 20 weeks of pregnancy.
The high court’s order gave a decisive win to Iowa’s Republican leaders after years of legislative and legal battles.
Iowa will join more than a dozen states where abortion access has been sharply curbed in the two years since the U.S. Supreme Court overturned Roe v. Wade. Currently, 14 states have near-total bans at all stages of pregnancy and three states ban abortions after about six weeks of pregnancy. That’s roughly when a fetal heartbeat can be detected.
Iowa’s Republican-controlled Legislature passed the law in a special session last July, and a legal challenge was immediately filed by the American Civil Liberties Union of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic. The law was in effect for just a few days before a district court judge temporarily blocked it.
Republican Gov. Kim Reynolds said the state Supreme Court “has upheld the will of the people of Iowa,” and Republican Attorney General Brenna Bird called it “a landmark victory.”
There are limited circumstances under the Iowa law that would allow for abortion after six weeks of pregnancy: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has an abnormality “incompatible with life”; or if the pregnancy endangers the mother’s life.
The state’s medical board defined standards of practice earlier this year, though the rules do not outline how the board would determine noncompliance or what the appropriate disciplinary action might be. Representatives from Planned Parenthood and the Emma Goldman Clinic have indicated they will continue to provide abortion services in Iowa in compliance with the law.
In June, Ruth Richardson, president and CEO of Planned Parenthood North Central States, also said the organization has spent the last year making “long-term regional investments” in preparation for this outcome, including expanding facilities in Mankato, Minnesota, and in Omaha, Nebraska, — both cities near Iowa.
Planned Parenthood in Iowa has ceased abortion services in two Iowa cities in the last year, including in Des Moines. Two of the state’s five Planned Parenthood clinics offer in-person abortion services, and three offer abortion through medication.
Organizations that have spent years advocating for and against this law are now re-evaluating the next steps. Those in favor of the law plan to continue educating.
"I think what our organization has been preparing for, as its always done and what will continue to do, is the education and awareness around the right to life and sanctity of life," said Kristi Judkins, Executive Director of Iowa Right to Life.
However, those against the law have shifted services.
"We weren't able to sustain the wrap around service supports with the way that we had our funding process in place," said Leah Vanden Bosch, Development and Outreach Director, Iowa Abortion Access Fund.
The Iowa Abortion Access Fund is a direct affiliate of the National Network of Abortion Funds. For Iowa's branch, people seeking services will have to go through its Chicago affiliate, the Chicago Abortion Fund.
"We had a pretty simple process in place prior, when it was just funding the abortion care services, going directly through the clinics," Vanden Bosch said.
Despite the law taking effect, both sides say there is still work to be done.
"So, we will continue to work with our community partners and engage supporters within Iowa," Vanden Bosch said.
While some advocates got the outcome they wanted with this law, they still will fight for more.
"We're not gonna stop, we're gonna keep going and do what we can to advocate and lobby for additional pro-life laws," Judkins said.