While the law is on hold, the Board of Medicine in Iowa will have the opportunity to draft guidelines on how to punish physicians who violate the law. The judge emphasized the importance of having clear rules in place in case the injunction is lifted.
Republican Governor Kim Reynolds signed the law last Friday after a special legislative session.
Iowa passes a 6-week abortion law and here's this congressmen's solution to unwanted pregnancy. Here's mine; all women should enforce a moratorium on sex w men till these anti-woman measures are overturned. pic.twitter.com/t88X6B94d7
— ExtraordinaryWomenTalk (@EWTtalk) July 12, 2023
Iowa Abortion Law Current Status
The state is appealing the recent District Court ruling to reinstate the Heartbeat Law.
The appeal challenges the temporary injunction and blocks the law from taking effect while the legal battle continues. Attorney General Brenna Bird is confident in the law and has stated that they will continue to fight for the right to life, while Governor Reynolds has shown her commitment to protecting unborn children and upholding state laws.
The legal matter is ongoing, and further updates on the case will be provided as they become available. Last week, Judge Seidlin heard legal challenges to the law from various organizations but did not make a final decision at that time. However, on Monday, July 17, Judge Seidlin issued a temporary injunction on the new law, citing the “undue burden” test.
The test requires that laws do not create significant obstacles to abortion, and the judge believed that the new law likely violated Iowans’ constitutional rights. While the new law is on hold, the state’s Board of Medicine has established rules for future enforcement.
Currently, abortions in Iowa are legal up to the 20-week pregnancy mark.
Board of Medicine Plan How to Implement the Law
- The new bill and its 2018 predecessor are very similar, but the latter was delayed in being enacted.
- Judge Seidlin’s decision heavily relied on a legal test that assesses whether a regulation creates an “undue burden” for a woman seeking an abortion.
- This “undue burden” standard had been endorsed by the Iowa Supreme Court as the governing rule for regulating abortion, even before the court overturned the Roe v. Wade case.
- Judge Seidlin says the new law could possibly lead to a reconsideration of the “undue burden” standard. But, he is following the precedent set by the state’s highest court.
- Legal advocacy groups argue that the law violates Iowans’ constitutional rights to abortion and substantive due process.
- The recent ruling means that individuals in Iowa still have access to abortion care and will maintain control over their bodies and their future.
- Ruth Richardson, the president and CEO of Planned Parenthood North Central States, expressed satisfaction with the ruling and affirmed their commitment to providing necessary care to patients.
- Richardson also stressed the ongoing opposition to the unconstitutional ban as the legal process continues.
Attorney General Brenna Bird is confident in the law. She stated they will continue to fight for the right to life. Iowa Governor Kim Reynolds has also indicated her commitment to protecting unborn children and upholding state laws enacted by elected legislators. Last week, Judge Seidlin heard about legal challenges to the policy from various organizations but did not decide then.
Written by Janet Grace Ortigas
Sources:
KWWL: State of Iowa appeals injunction stopping new ‘Heartbeat Law’
Bloomberg Law: Iowa Reignites Abortion Ban Battle in State’s Supreme Court; by Nyah Phengsitthy
CNN: State judge temporarily blocks Iowa’s 6-week abortion ban; by Jack Forrest
PBS: Iowa Supreme Court concludes abortion is not protected by the state constitution
Featured and Top Image by Brett Davis Courtesy of Flickr – Creative Commons License
Inset Image by Jimmy Emerson, DVM Courtesy of Flickr – Creative Commons License
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