Iowa Judge Blocks Gov. Reynolds' Six-Week' Heartbeat' Abortion Ban
An Iowa judge denied Gov. Kim Reynold's request to reinstate a law banning abortion at six weeks of pregnancy.
The law, also known as the "fetal heartbeat" law was signed in 2018 but has never been in effect. The law was challenged by Planned Parenthood of the Heartland. A district court in 2019 ruled the law unconstitutional, saying it violated the state's due process and equal protection clauses and was not "narrowly tailored" to serve a state interest.
Reynolds requested that the court remove an injunction following the U.S. Supreme Court's decision in June striking down Roe v. Wade. Such a ruling would have banned abortion at six weeks before most women know they are pregnant. In June the Iowa Supreme Court also issued a decision removing abortion protections, reversing an earlier court decision.
Polk County District Court Judge Celene Gogerty denied Reynold's request on Monday, saying in the decision that the court did not have a state-established authority to dissolve the injunction. The judge also said the law violates the Iowa constitution.
"The ban on nearly all abortions...would be an undue burden and, therefore, the statute would still be unconstitutional and void," Gogerty wrote. Gogerty also argued that the recent Iowa Supreme Court ruling did not substantially change abortion law in the state.
Reynolds has said that she will appeal the decision to the Iowa Supreme Court.
"I'm very disappointed in the ruling filed today by the district court, but regardless of the outcome, this case was always going to the Iowa Supreme Court. We will appeal this decision immediately," Reynolds said in a statement following the decision.
Abortion still remains legal through 20 weeks of pregnancy for Iowans. The local Planned Parenthood affiliate called it a "huge win for abortion rights."
"The district court's decision is a huge win for abortion rights and bodily autonomy in Iowa. For now, abortion remains safe and legal in the state, and Iowans will continue to have control over their ability to determine their lives and futures," said Ruth Richardson, Planned Parenthood North Central States President and CEO, on Monday.
© Copyright IBTimes 2024. All rights reserved.