Abortion will remain legal in Iowa until roughly 20 weeks of pregnancy — for now — after the Iowa Supreme Court split in an opinion delivered Friday morning.
The court considered Iowa Gov. Kim Reynolds’ request that the courts reinstate a law blocked immediately in 2018 that would ban abortions once a fetus’ heartbeat can be detected.
In its opinion delivered Friday, three Iowa Supreme Court justices voted to let stand the district court ruling that said the so-called fetal heartbeat law remains unconstitutional. And three justices voted to reverse the district court ruling.
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A seventh justice, Dana Oxley, recused herself from the case.
The split decision means the lower court’s ruling remains in effect. In 2019, a Polk County District Court Judge ruled the fetal heartbeat bill unconstitutional, saying it violates the due process and equal protection provisions of the Iowa Constitution.
That means abortion in Iowa remains legal until the 20th week of pregnancy.
Iowa statehouse Republicans, who have agenda-setting majorities, now must decide whether to write new abortion restrictions into law. The 2023 session of the Iowa Legislature concluded its regular work for the year in early May. They are not scheduled to return to the Iowa Capitol until January.
However, Republican leaders could call for a special session in order to enact abortion-related legislation, if they choose.
Justices Susan Christensen, Thomas Waterman and Edward Mansfield voted to uphold the district court’s ruling.
Justices Christopher McDonald, Matthew McDermott and David May voted to overturn the district court ruling.
The court considered Iowa Gov. Kim Reynolds’ request that the courts reinstate a law blocked immediately in 2018 that would ban abortions once a fetus’ heartbeat can be detected.
In its opinion delivered Friday, three Iowa Supreme Court justices voted to let stand the district court ruling that said the so-called fetal heartbeat law remains unconstitutional. And three justices voted to reverse the district court ruling.
Advertisement
A seventh justice, Dana Oxley, recused herself from the case.
The split decision means the lower court’s ruling remains in effect. In 2019, a Polk County District Court Judge ruled the fetal heartbeat bill unconstitutional, saying it violates the due process and equal protection provisions of the Iowa Constitution.
That means abortion in Iowa remains legal until the 20th week of pregnancy.
Iowa statehouse Republicans, who have agenda-setting majorities, now must decide whether to write new abortion restrictions into law. The 2023 session of the Iowa Legislature concluded its regular work for the year in early May. They are not scheduled to return to the Iowa Capitol until January.
However, Republican leaders could call for a special session in order to enact abortion-related legislation, if they choose.
Justices Susan Christensen, Thomas Waterman and Edward Mansfield voted to uphold the district court’s ruling.
Justices Christopher McDonald, Matthew McDermott and David May voted to overturn the district court ruling.
Iowa Supreme Court’s split ruling means abortion remains legal in Iowa
A 3-3 decision by the Iowa Supreme Court on a so-called fetal heartbeat bill means abortion remains legal in Iowa, for now, until the 20th week of pregnancy. The ruling throws the issue back to state lawmakers.
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