Iowa Supreme Court to Review Temporary Injunction of State’s Six-Week Abortion Ban
- July 28, 2023
The Iowa Supreme Court agreed July 25 to review a trial court decision enjoining implementation of the state's recently enacted law that prohibits abortion after fetal cardiac activity is detectable, usually around six weeks gestation.
An Iowa trial court last week granted a temporary injunction to plaintiffs Planned Parenthood of the Heartland, the ACLU of Iowa, and the Emma Goldman Clinic in their challenge to H.F. 732, which was enacted in mid-July after Governor Kim Reynolds called a one-day special session to revive a nearly identical abortion ban that was subject to a permanent injunction entered in 2019. Planned Parenthood of the Heartland, Inc. v. Reynolds, No. EQCE089066 (Iowa Dist. Ct. July 17, 2023).
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.”
In a July 17 decision, the trial court held the latest abortion ban failed the “undue burden” test, which it said was the appropriate standard of review under a 2022 decision by the state’s high court. See Planned Parenthood of the Heartland, Inc. v. Reynolds ex rel. State, 975 N.W.2d 710 (Iowa 2022). When the undue burden standard is applied, it is “readily apparent” that plaintiffs are likely to succeed on their claim that H.F.732 violates the due process clause of the Iowa Constitution, the court held.
Iowa Attorney General Brenna Bird filed an interlocutory appeal of the trial court’s order to halt enforcement of HF 732. “I am glad that the Supreme Court has agreed to hear our appeal. I look forward to continuing to defend the Heartbeat Law and protect the right to life in court,” Bird said in a statement.