A Polk County judge has temporarily blocked Iowa’s “fetal heartbeat” law as a court challenge plays out, meaning abortion is again legal in Iowa up to 20 weeks of pregnancy.
Gov. Kim Reynolds signed the “fetal heartbeat” law Friday afternoon at the Family Leadership Summit, a gathering of conservative Christians where half a dozen Republican presidential contenders also took the stage.
It took effect immediately, banning nearly all abortions after doctors detect cardiac activity in the embryo. That can occur about six weeks into a pregnancy, before most women know they are pregnant.
There are narrowly defined exceptions for rape, incest, fatal fetal abnormalities, and cases of medical emergency.
Iowa ‘fetal heartbeat’ law passed in late-night special session
The Iowa Legislature passed the law in a marathon daylong special legislative session on July 12 that drew massive protests and heckling from the galleries as lawmakers voted around 11 p.m.
Abortion providers and the American Civil Liberties Union of Iowa sued last week, alleging that the law violates Iowans’ inalienable rights and their rights to due process and equal protection under the Iowa Constitution.
The providers — Planned Parenthood of the Heartland, the Emma Goldman Clinic, and Dr. Sarah Traxler — asked for the law to be temporarily blocked, saying it would irreparably harm Iowans. Lawyers defending the state said the law should remain in effect because it protects the state’s “vital interest in unborn life.”
Polk County District Judge Joseph Seidlin heard arguments from both sides on Friday.
Prior ‘fetal heartbeat’ law saw lengthy court battle
Reynolds signed a nearly identical law in 2018 that was permanently blocked by the courts.
The governor tried unsuccessfully to revive it after state and federal court decisions last year rolled back protections for abortion, but the Iowa Supreme Court deadlocked 3-3 on the case in June, leaving the law blocked.
Following the court defeat, Reynolds quickly called the special session and urged lawmakers to act again to restrict abortion.
What legal standard will be used to review abortion restrictions?
One of the questions in the current case is whether abortion merits additional protections under the Iowa Constitution.
Last year, the Iowa Supreme Court ruled that there is not a fundamental constitutional right to abortion in Iowa, overturning a prior decision.
But the ruling declined to say what standard Iowa courts should use to evaluate abortion restrictions in the future. Instead, it left in place an “undue burden” standard for abortion restrictions, meaning any law that imposes a substantial obstacle for someone seeking an abortion should be struck down.
One week after the Iowa Supreme Court’s 2022 ruling, the U.S. Supreme Court overturned Roe v. Wade and eliminated the “undue burden” standard at the federal level. The state’s lawyers say the state should instead use “rational basis,” the most permissive standard of review, to consider whether Iowa’s abortion laws are constitutional.
Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Des Moines Register, a member of the USA TODAY Network. He can be reached at sgrubermil@registermedia.com or on Twitter at @sgrubermiller.
