Iowa enforces abortion ban again despite legal challenges.
In front of a huge crowd on Friday, Iowa Gov. Kim Reynolds made a historic move by signing into law a measure that bans abortion once cardiac activity is detected in the womb. The law goes into effect immediately.
“This is a worthy battle and one I will never concede,” said Ms. Reynolds, signing the measure at the Family Leadership Summit in Des Moines, where most GOP presidential candidates were in attendance.
Earlier this week, Ms. Reynolds called for a special session in the legislature to come up with the measure after the Iowa Supreme Court was unable to reach a decision on a previous six-week ban she had signed back in 2018. With a Republican majority in both the House and Senate, the bill was expected to pass expeditiously. However, Democrats were strongly opposed, resulting in some absent representatives and senators who were against the bill.
After seven hours of intense debate, the bill passed at the eleventh hour on July 11, amidst rowdy protests.
“This bill protects unborn children in Iowa,” said Republican state Rep. Shannon Lundgren. “It sets a clear standard where the state recognizes the life of the child: when the baby’s heart starts beating. Where there is a heartbeat, there is life.”
Iowa had previously banned abortion after around the 20-week mark, and its 2018 six-week ban was never enforced.
What’s Changed?
“I understand that not everyone will agree with this decision,” Ms. Reynolds said in a statement after signing the bill in 2018. “But if death is determined when a heart stops beating, then doesn’t a beating heart indicate life? For me, it is immoral to stop an innocent beating heart.”
Many disagreed with the decision, leading to a court battle that resulted in a stalemate.
Abortion providers have already filed a lawsuit (pdf) to stop the new “fetal heartbeat” law, which includes exceptions in cases to preserve the life of the mother and for pregnancies resulting from rape or incest. Medical providers expect a six-week cap on abortion procedures since cardiac activity can usually be detected via ultrasound at around six weeks.
In the lawsuit brought by Planned Parenthood of the Heartland, petitioners argue that many women don’t realize they are pregnant until the six-week mark or later. They state, “If it is not enjoined, the Act will decimate access to abortions in Iowa.” They are seeking an emergency injunction to prevent the law from taking immediate effect.
“The Iowa Supreme Court questioned whether this legislature would pass the same law they did in 2018, and today they have a clear answer,” Ms. Reynolds stated after the bill was passed. “The voices of Iowans and their democratically elected representatives cannot be ignored any longer, and justice for the unborn should not be delayed.”
The 2018 court battle resulted in the law being blocked in the lower courts, with the state seeking a reversal when the U.S. Supreme Court ruled on Dobbs v. Jackson Women’s Health Organization. A judge ruled that the law would violate the Iowa Constitution since a six-week ban would effectively ban almost all abortions. The state appealed this decision in the Iowa Supreme Court, which ruled that abortion was not protected by the state constitution but reached a 3–3 stalemate on the original case.
Given that the state constitution was the original block, the post-Dobbs six-week ban could hold.
Candidates Respond
Republican primary candidates have been pressed for answers on their stances regarding abortion laws in the past week, and many attended the Family Leadership Summit where Ms. Reynolds signed the bill into law.
Former President Donald Trump, who did not attend the event, notably stayed quiet on this specific case. Despite that, he retains support from pro-life voters, even in Iowa. During a visit last week, he reminded a crowd that the U.S. Supreme Court justices he nominated helped overturn Roe v. Wade, giving power back to the states.
On Tuesday, Vivek Ramaswamy stopped by Iowa’s Capitol to meet with legislators and Ms. Reynolds during the special session. On Wednesday, former Vice President Mike Pence spoke with the Des Moines Register about the bill and
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