Iowa Supreme Court rules in favor of six-week abortion ban

The Iowa Supreme Court said Friday that the state’s six-week abortion ban is legal, the latest example of a state imposing harsh restrictions since the Supreme Court overturned Roe v. Wade. Wade, two years ago.

The 4-3 decision overturned a lower court’s temporary blocking of the law and sent the case back to continue, allowing the ban to take effect.

The Iowa law is an example of a “heartbeat statute,” which bans abortion after fetal heart activity can be detected — usually around six weeks, which is before many women know they are pregnant.

There are some exceptions for rape and incest if reported to the police or healthcare provider within a specific time period. Medical exceptions include a fetal abnormality “incompatible with life” or if the pregnancy puts the woman’s life at risk.

Abortion access is expected to be a major issue in the 2024 elections across the country, especially as Republican candidates have taken the position that it is a state issue.

The lawsuit was filed by Planned Parenthood of the Heartland, the Emma Goldman Clinic and the ACLU of Iowa. They argued that the abortion ban was not constitutional under Iowa law. The lower court’s injunction kept abortion legal up to 22 weeks of pregnancy.

“We conclude that the fetal heartbeat statute is rationally related to the State’s legitimate interest in protecting the life of the unborn child,” the majority wrote.

The ruling stated that “neither text nor history establishes abortion as a fundamental right under the Iowa Constitution.”

The state passed a nearly identical version of the law in 2018, but it was put on hold by a court because Roe v. Wade. Wade was still in effect.

After the U.S. Supreme Court overturned Roe, Gov. Kim Reynolds (R) asked a district court to allow the law to go into effect.

When the court refused, she appealed to the state Supreme Court, which deadlocked 3-3, leaving the 22-week limit in place.

Reynolds then called the GOP-led state legislature into a special session last summer for the sole purpose of passing the ban. That law passed along party lines but was temporarily blocked days later.

“There is no right more sacred than life, and nothing more worthy of our stronger defense than the innocent unborn child,” Reynolds said in a statement Friday. “I’m glad the Iowa Supreme Court upheld the will of the people of Iowa.”

She added that her administration “will continue to develop policies that encourage strong families, which includes promoting adoption and protecting in vitro fertilization (IVF).”

In a strong dissent, Chief Justice Susan Christensen said the majority’s decision “strips Iowa women of their bodily autonomy” and “relies heavily on the history and male-dominated traditions of the 1800s, while ignoring even how far women’s rights have advanced since the 19th century.” Civil War era.

She added that the majority misunderstood the central issue of the case.

“The question is not whether abortion, with the polarizing reactions it evokes, is a fundamental right, but rather whether individuals have a fundamental right to make medical decisions that affect their health and bodily integrity, in partnership with their health care provider. healthcare, free from government interference,” Christensen wrote. .

This story originally appeared on thehill.com read the full story