The Iowa Supreme Court will hear oral arguments next week over a request from Gov. Kim Reynolds to reinstate a law that would ban abortion after six weeks.
Reynolds, a Republican, launched the lawsuit last year, asking a district court to lift an injunction on a 2018 law that banned abortion after cardiac activity is detected in a fetus, usually around six weeks. The court denied the request in December, and Reynolds appealed to the Iowa Supreme Court.
Reynolds encouraged people gathered Thursday at an annual prayer breakfast in Des Moines to pray for the outcome of the case.
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She recalled the 2022 prayer breakfast, which was held weeks before the U.S. Supreme Court overturned the federal right to an abortion in the Dobbs v. Jackson Women’s Health Organization decision in June, giving states the power to restrict abortion.
“In the weeks that followed, our prayers were answered in the high court’s recognition that the Constitution contains no right to take an innocent life from abortion,” she said. “... It’s still hard to believe that it happened.”
Just weeks before the federal decision, the Iowa Supreme Court also overturned a 2018 decision that held the Iowa Constitution contains a fundamental right to an abortion.
Those two rulings spurred Reynolds to ask the court to overturn the injunction on the so-called “fetal heartbeat” law.
If reinstated, the law would block abortions at around six weeks of pregnancy, often before a woman is aware she is pregnant. Medical experts say the sound detected by an ultrasound in those early weeks is not a heartbeat — because the fetus’ heart is not fully formed — but instead electrical impulses.
Abortion is currently legal in Iowa up to 20 weeks.
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On Tuesday, lawyers representing the state and Planned Parenthood will argue their cases before the Iowa Supreme Court.
In briefs filed with the court, the state’s lawyers have argued the court has a duty to reinstate the law because the legal precedent that led to it being blocked — federal and state Supreme Court decisions that protected the right to an abortion — are no longer in place.
Lawyers representing Planned Parenthood and others have argued the law should remain blocked because it was unconstitutional at the time it was enacted, and that the state’s request is not allowed by law.
The court likely will not decide on the case for several months, but the decision could have major implications for lawmakers’ ability to restrict abortion.
Democratic legislative leaders said Thursday they hoped the justices would uphold the current standard and keep the law blocked. Democrats have said they expect Republicans to enact stricter abortion measures going forward.
House Democrats proposed a package of legislation to protect reproductive rights last month, including a measure to amend the state constitution to guarantee the right to an abortion. The bills have not received any consideration from the Republican majority.
“They’re going to stop at nothing to try and prevent Iowa women from being able to access safe and legal abortion,” Senate Minority Leader Zach Wahls, D-Coralville, said.
Sen. Zach Wahls, D-Coralville
“That’s the Republican agenda, and that’s exactly what they’re trying to obtain in front of the state Supreme Court next week.”
Republican legislative leaders have said since the beginning of the session they’re waiting on the court’s decision before enacting any further restrictions on abortion.
Republican House Speaker Pat Grassley of New Hartford said Thursday he did not have any expectations about the outcome of the case.
Rep. Pat Grassley, R-New Hartford
“Once we have that guidance and we see where the court lands, then the Legislature is going to stand prepared to act on the issue of life, as we’ve said since the beginning of session,” Grassley said. “I think we’ve been pretty consistent in that policy.”
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Reynolds, a Republican, launched the lawsuit last year, asking a district court to lift an injunction on a 2018 law that banned abortion after cardiac activity is detected in a fetus, usually around six weeks. The court denied the request in December, and Reynolds appealed to the Iowa Supreme Court.
Reynolds encouraged people gathered Thursday at an annual prayer breakfast in Des Moines to pray for the outcome of the case.
Advertisement
She recalled the 2022 prayer breakfast, which was held weeks before the U.S. Supreme Court overturned the federal right to an abortion in the Dobbs v. Jackson Women’s Health Organization decision in June, giving states the power to restrict abortion.
“In the weeks that followed, our prayers were answered in the high court’s recognition that the Constitution contains no right to take an innocent life from abortion,” she said. “... It’s still hard to believe that it happened.”
Just weeks before the federal decision, the Iowa Supreme Court also overturned a 2018 decision that held the Iowa Constitution contains a fundamental right to an abortion.
Those two rulings spurred Reynolds to ask the court to overturn the injunction on the so-called “fetal heartbeat” law.
If reinstated, the law would block abortions at around six weeks of pregnancy, often before a woman is aware she is pregnant. Medical experts say the sound detected by an ultrasound in those early weeks is not a heartbeat — because the fetus’ heart is not fully formed — but instead electrical impulses.
Abortion is currently legal in Iowa up to 20 weeks.
Iowa arguments
On Iowa Politics
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On Tuesday, lawyers representing the state and Planned Parenthood will argue their cases before the Iowa Supreme Court.
In briefs filed with the court, the state’s lawyers have argued the court has a duty to reinstate the law because the legal precedent that led to it being blocked — federal and state Supreme Court decisions that protected the right to an abortion — are no longer in place.
Lawyers representing Planned Parenthood and others have argued the law should remain blocked because it was unconstitutional at the time it was enacted, and that the state’s request is not allowed by law.
The court likely will not decide on the case for several months, but the decision could have major implications for lawmakers’ ability to restrict abortion.
Legislative sides
Democratic legislative leaders said Thursday they hoped the justices would uphold the current standard and keep the law blocked. Democrats have said they expect Republicans to enact stricter abortion measures going forward.
House Democrats proposed a package of legislation to protect reproductive rights last month, including a measure to amend the state constitution to guarantee the right to an abortion. The bills have not received any consideration from the Republican majority.
“They’re going to stop at nothing to try and prevent Iowa women from being able to access safe and legal abortion,” Senate Minority Leader Zach Wahls, D-Coralville, said.
Sen. Zach Wahls, D-Coralville
“That’s the Republican agenda, and that’s exactly what they’re trying to obtain in front of the state Supreme Court next week.”
Republican legislative leaders have said since the beginning of the session they’re waiting on the court’s decision before enacting any further restrictions on abortion.
Republican House Speaker Pat Grassley of New Hartford said Thursday he did not have any expectations about the outcome of the case.
Rep. Pat Grassley, R-New Hartford
“Once we have that guidance and we see where the court lands, then the Legislature is going to stand prepared to act on the issue of life, as we’ve said since the beginning of session,” Grassley said. “I think we’ve been pretty consistent in that policy.”
Iowa abortion case to be argued next week
Justices will be asked to clear way for ‘fetal heartbeat’ bill
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