Lawsuit Seeks to Block Iowa’s Newly Enacted Abortion Ban
- July 14, 2023
Republican lawmakers in Iowa passed July 11 a new abortion ban that prohibits the procedure after fetal cardiac activity is detectable, usually at six weeks gestation.
Planned Parenthood of the Heartland, the ACLU of Iowa, and the Emma Goldman Clinic filed a lawsuit challenging the legislation (HF 732) as unconstitutional, asking the Iowa District Court for Polk County to block enforcement of the ban that will take effect as soon as it is signed by Governor Kim Reynolds, which is expected on July 14.
Reynolds called the Iowa General Assembly into a one-day special session after an evenly divided Iowa Supreme Court allowed a permanent injunction blocking a nearly identical 2018 abortion ban to remain enjoined by operation of law. Planned Parenthood of the Heartland, Inc. v. Reynolds ex rel. State of Iowa, No. 22–2036 (Iowa June 16, 2023).
“The Iowa Supreme Court questioned whether this legislature would pass the same law they did in 2018, and today they have a clear answer. The voices of Iowans and their democratically elected representatives cannot be ignored any longer, and justice for the unborn should not be delayed,” Reynolds said in a statement.
HF 732 includes exceptions for medical emergencies; in cases of rape or incest if reported to law enforcement within certain timeframes; incomplete abortions, and fetal abnormalities that are “incompatible with life.”
The lawsuit argues the statute violates due process, the inalienable rights clause, and equal protection under the Iowa Constitution.
“Today, we continue the fight to protect Iowans’ fundamental right to reproductive freedom and bodily autonomy as we seek a temporary injunction to block the egregious abortion ban Iowa lawmakers rammed through during an unprecedented one-day special session,” Ruth Richardson, President and CEO of Planned Parenthood North Central States, said in a statement. “If this abortion ban goes into effect, it will place an unacceptable burden on patients’ ability to access essential abortion care, especially those who already face systemic inequities.”