x
Breaking News
More () »

Iowa Supreme Court split 3-3 on abortion ruling | How rare is a deadlock?

How did Iowa's highest court — made up of five appointees from Gov. Reynolds appointees and two from former Gov. Terry Branstad's era — end up deadlocked?

DES MOINES, Iowa — A historic ruling came down Friday from the Iowa Supreme Court when the justices split 3-3 on what Gov. Kim Reynolds' calls her "Fetal Heartbeat Bill", ultimately avoiding any change to Iowa's abortion laws. 

That means the current law, which allows abortion until the 20-week mark in pregnancy, is still in effect. 

So, how did Iowa's highest court — made up of five appointees from the Republican governor Reynolds appointees and two justices from former Gov. Terry Branstad's era — end up in a deadlock?

To even make a 3-3 split possible, one justice must not participate in the ruling. 

In Friday's decision, Justice Dana Oxley recused herself from the ruling, paving the way for an even vote.

A split ruling may not be unheard of, but it is a rarity, with only 18 cases ending in a non-decision deadlock in the last 15 years.

Even rarer than the decision itself is multiple justices providing written remarks on the outcome. Included in the Iowa Supreme Court's ruling was an explanation written by Justice Thomas Waterman, with Chief Justice Susan Christensen and Justice Edward Mansfield "joining" the opinion.

Justice Christopher McDonald wrote a separate opinion, with Justice David May joining that and Matthew McDermott writing his own opinion which sides with McDonald and May.

Waterman touched on the rarity of this outcome in his opinion on the case, referencing the last instance of opinions being shared —  a 2009 kidnapping and sexual assault case: 

"The last case where the court was divided 3–3 on the overall resolution of the case and the justices filed opinions arguing their respective positions was State v. Effler".

Local 5 is now on Roku and Amazon Fire TV. Download the apps today to stream live newscasts and watch video on demand.  

► Download the We Are Iowa app
► Sign up for Local 5's "5 Things to Know" email newsletter
 
Subscribe to Local 5 News on YouTube 

 

Before You Leave, Check This Out