The Iowa Supreme Court denied a rehearing request by Planned Parenthood of the Heartland on Iowa’s law banning most abortions as early as six weeks of pregnancy. (Photo by ericsphotography/Getty Images)
The Iowa Supreme Court on Monday denied a rehearing request for Iowa’s six-week abortion ban, meaning enforcement of the law will likely begin soon.
Planned Parenthood of the Heartland filed the petition for a rehearing to the Iowa Supreme Court earlier in July, asking justices to reconsider the 4-3 decision on the law in June that paved the way for enforcement of the law. The ruling ordered the district court to lift a temporary injunction on the measure restricting abortions, as well as setting a lower legal standard for testing the constitutionality of state abortion laws.
The law, signed by Gov. Kim Reynolds in 2023 after a special legislative session, bans most abortions after embryonic cardiac activity can be detected. The so-called “fetal heartbeat” law could ban abortions as soon as six weeks of pregnancy, reproductive health care advocates say. Iowa’s law allows narrow exceptions for rape and incest when reported in certain time frames, and when an abortion is needed to save the life of the mother.
In a call last week with reporters, Ruth Richardson, president and CEO of Planned Parenthood North Central States said the organization estimates between 97% to 98% of abortions currently performed in Iowa would be banned when the law begins enforcement.
The Supreme Court’s denial of Planned Parenthood’s request means the injunction blocking enforcement of the law is expected to lift soon. However, there will likely be some delay before the measure goes into effect. In a Friday virtual status conference, District Court Judge Jeffrey Farrell said he will respond to the case when the clerk’s office notifies him it’s ready, but that he did not think “the Supreme Court expects me to drop everything I’m doing at the moment to dissolve it right then.”
Farrell also indicated he will likely grant Planned Parenthood’s request to give a few days notice before lifting the injunction. Peter Im, staff attorney at Planned Parenthood Federation of America, said at the meeting that advance notice will allow abortion providers and patients to prepare for the change and ensure they are operating in compliance with the new law.
Until the injunction is lifted, abortion remains legal in Iowa up to 20 weeks of pregnancy.
Im said the organization is likely to file a challenge to the law based on Iowa Board of Medicine’s rules. Planned Parenthood is seeking guidance on whether to present it as a new case or join the claim with the current lawsuit, filed alongside the ACLU of Iowa, the Emma Goldman Clinic, and Dr. Sarah Traxler.
Eric Wessan, the Iowa solicitor general representing the state in the case, asked the district court judge to resolve the challenges before trial with a summary judgement based on the Iowa Supreme Court decision.
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