An Iowa judge has permanently blocked a state law requiring women to wait 24 hours before getting an abortion.
In his order, filed Monday afternoon, District Court Judge Mitchell Turner held that the 2020 law is unconstitutional and cannot be enforced on two grounds: that the legislature violated the "single-subject rule" of the Iowa Constitution when they passed the measure as an amendment to an unrelated bill; and that the law violates a 2018 Iowa Supreme Court decision that protects abortion rights.
Turner had previously issued a temporary injunction blocking the law just before it was to take effect July 1, 2020. Monday's order makes that injunction permanent. In his order, Turner also canceled a planned trial in the case, which was set for January.
Planned Parenthood will hold a press conference at 1 p.m. Tuesday. Republican Gov. Kim Reynolds' office, which was defending the law, did not have any immediate comment.
Iowa lawmakers added the 24-hour waiting requirement late in the 2020 legislative session to a bill related to providing life-sustaining medical care to minors. Although House Speaker Pat Grassley, R-New Hartford, initially found the amendment was not germane to the bill, the House voted to suspend its rules and passed the measure in a late-night vote June 14, 2020, followed early the next morning by the Senate.
That process denied both legislators and the public time to comment and deliberate on the proposal, according to Turner.
"Upon review of both the Iowa Senate and House videos, it is abundantly clear to this Court that what occurred in the Iowa Legislature on June 13th and 14th, 2020 was exactly such “tricks in legislation” and “mischiefs” that the single-subject rule exists to prevent," he wrote.
In his order, filed Monday afternoon, District Court Judge Mitchell Turner held that the 2020 law is unconstitutional and cannot be enforced on two grounds: that the legislature violated the "single-subject rule" of the Iowa Constitution when they passed the measure as an amendment to an unrelated bill; and that the law violates a 2018 Iowa Supreme Court decision that protects abortion rights.
Turner had previously issued a temporary injunction blocking the law just before it was to take effect July 1, 2020. Monday's order makes that injunction permanent. In his order, Turner also canceled a planned trial in the case, which was set for January.
Planned Parenthood will hold a press conference at 1 p.m. Tuesday. Republican Gov. Kim Reynolds' office, which was defending the law, did not have any immediate comment.
Iowa lawmakers added the 24-hour waiting requirement late in the 2020 legislative session to a bill related to providing life-sustaining medical care to minors. Although House Speaker Pat Grassley, R-New Hartford, initially found the amendment was not germane to the bill, the House voted to suspend its rules and passed the measure in a late-night vote June 14, 2020, followed early the next morning by the Senate.
That process denied both legislators and the public time to comment and deliberate on the proposal, according to Turner.
"Upon review of both the Iowa Senate and House videos, it is abundantly clear to this Court that what occurred in the Iowa Legislature on June 13th and 14th, 2020 was exactly such “tricks in legislation” and “mischiefs” that the single-subject rule exists to prevent," he wrote.
Iowa abortion law requiring 24-hour waiting period permanently blocked by district court
Monday's permanent injunction applies to a 2020 state law. The judge said the Legislature violated procedural rules and a 2018 Supreme Court decision.
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