Iowa High Court Rules 6-Week Abortion Ban Constitutional

(Dreamstime)

The Iowa Supreme Court on Friday ruled the state’s six-week abortion ban is constitutional, overturning a lower court’s decision that placed a temporary injunction on the law.

The court ruled a day after former President Donald Trump argued in his debate with President Joe Biden that decisions about abortion law should be left with the states.

In a 4-3 ruling — all seven justices were appointed by Republican governors — the court said the law, passed by the Legislature in 2023, is constitutional, reversing a temporary injunction placed by a district court in Polk County last year after a lawsuit by Planned Parenthood and others while allowing the ongoing litigation at that level to proceed.

Iowa bans abortions after the detection of a fetal heartbeat, which is about six weeks. It is similar to “heartbeat laws” created by states such as Florida, Georgia, and South Carolina following the U.S. Supreme Court’s 2022 ruling that ended federal protections for abortion. Iowa’s law allows for exceptions for rape, incest, unsurvivable fetal abnormalities, or to save the life of the mother.

“Today’s Supreme Court decision to uphold Iowa’s heartbeat law sends a loud and clear message: Iowa stands for life,” Republican Iowa Attorney General Brenna Bird said in a news release. “As Attorney General, I have been so grateful to defend Iowa’s heartbeat law and protect the unborn.

“While today’s decision is a landmark victory, we know that there is work left to be done. We will keep working to support Iowa families, parents, and the unborn as the fight for life continues.”

Said Republican Gov. Kim Reynolds in a news release: “As the heartbeat bill finally becomes law, we are deeply committed to supporting women in planning for motherhood and promoting fatherhood and its importance in parenting.

“We will continue to develop policies that encourage strong families, which includes promoting adoption and protecting in vitro fertilization (IVF). Families are the cornerstone of society, and it’s what will keep the foundation of our state and country strong for generations to come.”

Justice Matthew McDermott wrote in the majority opinion that the district court granted the temporary injunction after concluding that Planned Parenthood was likely to succeed in its constitutional challenge under an undue burden standard.

“Our holding today — applying rational basis as the constitutional test — undermines the rationale for the district court’s ruling,” McDermott wrote. “Under the rational basis test, Planned Parenthood cannot show a likelihood of success on the merits of its substantive due process challenge.

“We thus hold that Planned Parenthood is not entitled to a temporary injunction blocking enforcement of the fetal heartbeat statute. We reverse the order granting the temporary injunction and remand the case for the district court to dissolve the temporary injunction and continue with further proceedings.”

The injunction will remain in place until the district court formally receives the case, a process that will take at least three weeks, The Des Moines Register reported, citing Bird’s office. Until then, an Iowa law predating the fetal heartbeat statute, allowing abortions until the 20th week of pregnancy, will continue to apply.

“Today’s dangerous and reprehensible ruling will impact Iowans for generations to come,” Ruth Richardson, president and CEO of Planned Parenthood North Central States, said in a news release.

“Abortion is essential, time-sensitive health care. We want people to know that Planned Parenthood is here and committed to meeting the health care needs of as many patients as possible.”

Biden also criticized the ruling, saying in a statement, “This should never happen in America. Yet, this is exactly what is happening in states across the country since the Supreme Court overturned Roe v. Wade.”