DES MOINES, Iowa – The Iowa Supreme Court made a pivotal decision on Friday, ruling that the state’s stringent abortion law is constitutional. The court directed a lower court to lift the temporary injunction on the law, effectively allowing Iowa to prohibit most abortions after approximately six weeks of pregnancy. This decision comes as Iowa aligns itself with over a dozen other states that have implemented restrictive abortion laws in the wake of Roe v. Wade being overturned by the U.S. Supreme Court in 2022.
While the Iowa Supreme Court’s 4-3 ruling is a victory for Republican legislators, the enforcement of the abortion ban remains on hold until the lower court carries out the instructions from the higher court. Currently, abortion in Iowa remains legal up to 20 weeks of pregnancy until further action is taken by the lower court.
The majority opinion of the Iowa Supreme Court echoed the stance that there is no inherent constitutional right to abortion. Instead, they emphasized the importance of evaluating whether the government has a valid interest in regulating the procedure, shifting the focus from the burden on those seeking abortion access.
Republican Governor Kim Reynolds applauded the ruling, stating, “I’m pleased that the Iowa Supreme Court has upheld the will of the people of Iowa.” However, Chief Justice Susan Christensen dissented strongly, expressing concerns about women in Iowa losing their bodily autonomy due to the court’s decision.
Under the Iowa law, certain exceptions allow for abortion after six weeks of pregnancy, such as cases of rape or incest reported within specific time frames, fetal abnormalities, or when the patient’s life is in danger. The state’s medical board has recently outlined guidelines for healthcare providers to comply with the law.
This ruling marks the conclusion of a protracted legal battle over abortion restrictions in Iowa, which intensified following the successive overturning of landmark decisions establishing a constitutional right to abortion by both the Iowa Supreme Court and the U.S. Supreme Court. Organizations advocating for abortion access have criticized the decision, claiming that it will force women in Iowa to seek abortion services out of state or resort to self-managed abortions.
The passage of the Iowa abortion law in a special session last July, with support solely from Republicans, was met with immediate legal challenges from groups like the American Civil Liberties Union of Iowa and Planned Parenthood North Central States. While the law was briefly in effect, it was quickly halted by a district court judge, leading to a series of legal battles that culminated in the recent Iowa Supreme Court ruling.
As the impact of this decision unfolds, the future of abortion access in Iowa remains uncertain. Democratic leaders in the state have condemned the stringent law, suggesting that it may influence voter sentiment in the upcoming November elections. Abortion rights advocates are closely monitoring the situation, as the issue of abortion access is poised to become a defining subject in the 2024 election cycle.