The Iowa Supreme Court chamber in the Iowa Judicial Building on Feb. 22, 2023. (Photo by Kathie Obradovich/Iowa Capital Dispatch)
The Iowa ACLU is asking the state Supreme Court to rehear the case on Iowa’s six-week abortion ban Friday as implementation is set to potentially begin.
The Iowa Supreme Court’s 4-3 decision in late June directed the district court to lift the temporary injunction on the state’s so-called “fetal heartbeat” law that restricts most abortions after six weeks of pregnancy. The law, passed during a special session in 2023, bans most abortions, with narrow exceptions, after cardiac activity can be detected in an embryo.
In the June decision, the Iowa Supreme Court sided with the state of Iowa’s argument that abortion laws should be subject to “rational basis” test, a lower standard that determines a law is constitutional if the state has a legitimate reason to enact it. While the state Supreme Court laid out its new standard for abortion laws, the ACLU of Iowa and Planned Parenthood have requested the court reconsider its ruling and put in place a higher legal standard for abortion laws.
In April oral arguments, Peter Im, staff attorney at Planned Parenthood Federation of America, argued abortion should receive a higher standard of legal protection from restrictive laws, despite the U.S. Supreme Court and Iowa Supreme Court rulings that abortion is not a guaranteed right under the federal or state constitutions. Im said Wednesday that the petition is a means to ask the state Supreme Court to review, and potentially revise, its June decision.
Legal experts say the court does not often take up rehearing requests. However, the rehearing request would ask for the Iowa Supreme Court to consider applying a higher legal standard, as was argued for in the suit brought forward by health care providers that perform abortions like Planned Parenthood of the Heartland and the Emma Goldman Clinic, as well as Dr. Sarah Traxler and ACLU of Iowa.
The request comes as the date for possible enforcement of the abortion ban nears. Before the law can go into effect, a Polk County district court judge must first officially lift the injunction as directed by the Iowa Supreme Court decision. The earliest that motion can be made is Friday, but the court could decide to take up the action at a later date. Before the injunction can be lifted, the court must first dismiss the motion for review.
The district court judge hearing the case has scheduled a virtual meeting Friday with attorneys on both sides. Details have not been released on what will be discussed at the status meeting.
Im said Wednesday that in addition to the rehearing petition, Planned Parenthood is looking at other options to ensure abortion access is legal in Iowa.
“This doesn’t foreclose future challenges and I think we’re exploring all of our options right now,” Im said. “… We really are just committed to leaving no stone unturned in this fight to ensure access whatever that looks like.”
Until judge lifts the injunction, abortion remains legal in Iowa up to 20 weeks of pregnancy, as is current law.
Advocates say nearly all abortions will be banned
Ruth Richardson, president and CEO of Planned Parenthood North Central States, told reporters Wednesday that the organization is estimating 97% to 98% of abortions performed in Iowa would be banned by the law going into effect. Many women are not aware that they are pregnant at six weeks when embryonic cardiac activity can begin to be detected, reproductive health care advocates say, meaning the law would effectively make abortion illegal in the state.
Richardson said that when the injunction is lifted, Iowa Planned Parenthood providers will continue to provide abortion services legally — until embryonic cardiac activity can be detected. If a person seeking abortion services comes to the organization after cardiac activity is detectable, Richardson said Planned Parenthood navigators are prepared to help them seek medical services outside of the state.
She said state abortion restrictions like the Iowa law have a disproportionate impact on low-income and other marginalized communities.
“I just think it’s important as we have these conversations to continue to lift up the reality that abortion bans do not ban abortions for everyone,” Richardson said. “They ban abortions for people who don’t have the means or the opportunity to travel. And so that’s why the work of our patient navigators are so important to break down those barrier, to ensure that people have the funds that they need to travel or the other support that they need in order to get to their to their appointments.”
Planned Parenthood has been preparing for Iowa abortion restrictions for several months, Richardson said, and have expanded abortion care at their health centers in surrounding states, including facilities in Omaha, Nebraska and Mankato, Minnesota.
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