Iowa six-week abortion law not yet enforceable as Supreme Court rehearing request remains
(Photo illustration by Laura Rosina/Getty Images)
Though the waiting period has lifted on the Iowa law banning most abortions after six weeks, the date when the law will begin enforcement has not yet been decided.
Before the abortion ban can go into effect, the Iowa Supreme Court must first consider the Planned Parenthood of the Heartland’s petition for a rehearing of its suit challenging the law. It was filed alongside the ACLU of Iowa, the Emma Goldman Clinic, and Dr. Sarah Traxler.
The filing asks the state Supreme Court to reconsider the 4-3 June decision to lift a temporary injunction on the so-called “fetal heartbeat” law and set a new, lower legal standard for judging the constitutionality of abortion laws in Iowa.
Legal experts say rehearing requests are not often taken up. But the Iowa Supreme Court has to dismiss or otherwise respond to the request before the district court can proceed with lifting the injunction and allowing enforcement of the law to begin.
At a virtual status conference Friday, District Court Judge Jeffrey Farrell spoke with attorneys representing Planned Parenthood and the state of Iowa about how to proceed, assuming the court does not rehear the case. Peter Im, staff attorney at Planned Parenthood Federation of America, asked Farrell to give a few days notice before lifting the injunction if the Iowa Supreme Court does not take up the case, in order to give patients and providers who could be impacted by the law time to plan ahead and ensure they are in compliance.
“We have a concern about a lack of notice, potentially causing medical issues for patients,” Im said. “And we also certainly wouldn’t want any docketing delays to cause any notice concerns, because although we could certainly inform our clients, this ruling could also affect hospitals and medical providers throughout the state and particularly people treating patients in emergency situations.”
The 2023 law would ban most abortions after cardiac activity can be detected in an embryo — something that can happen as early as six weeks of pregnancy. The measure contains exceptions for cases of rape and incest when reported in specified time frames, and when an abortion is necessary to save the life of the mother. Ruth Richardson, president and CEO of Planned Parenthood North Central States, said Wednesday the law would ban an estimated 97% to 98% of abortions currently performed in Iowa.
Abortion is currently legal in Iowa up to 20 weeks of pregnancy until the injunction is lifted. The judge said Friday that there will likely be a delay before this happens, as the Supreme Court needs to send the case back to district court, and he will respond after the clerk’s office notifies him the case is ready.
“I don’t think the Supreme Court expects me to drop everything I’m doing at the moment to dissolve it right then,” Farrell said.
Further court proceeding involving the law are also expected, as Im said Planned Parenthood is considering challenging the Iowa Board of Medicine’s rules on the abortion ban. Im said the organization has asked the Iowa Supreme Court for guidance on joining this claim with the current lawsuit, or presenting it as separate litigation.
Eric Wessan, the Iowa solicitor general, said the state’s position is that the Iowa Supreme Court decision would mean the court can resolve the case by addressing Planned Parenthood’s constitutional arguments before trial. The decision found that state abortion laws should be subject to the “rational basis” test, and that courts should assess a law’s constitutionality by determining if the state had a legitimate reason to enact it.
Wessan said that while district court looks at setting a trial date, the state is asking that time be included for a summary judgement of the case — a final decision to resolve a lawsuit before trial — by assessing the law and challenges using the “rational basis” review.
“The state believes that summary judgment could be sufficient to deal with these claims on the current law,” he said.
The post Iowa six-week abortion law not yet enforceable as Supreme Court rehearing request remains appeared first on Iowa Capital Dispatch.
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