Restrictive abortion law is challenged in Iowa
Des Moines, Iowa – A lawsuit challenging the nation’s most restrictive abortion law was filed Tuesday in Iowa, a state that for years was largely left out of Republican efforts to overturn abortion protections and where the Democratic attorney general has refused to defend the law.
If allowed to take effect on July 1 as planned, the law would ban most abortions once a fetal heartbeat is detected, around the sixth week of pregnancy. Abortion-rights groups say that’s a time when many women do not know they are pregnant.
The American Civil Liberties Union of Iowa and the Planned Parenthood Federation of America announced the filing of the complaint in Polk County District Court in Des Moines. The lawsuit argues that the law violates the Iowa Constitution by banning nearly all abortions and putting women’s health at risk. It seeks an injunction to halt the law’s implementation. Litigation could take years.
Until the 2016 election, Iowa had little to no role in the broad GOP effort to overturn Roe v. Wade, the landmark 1973 U.S. Supreme Court ruling that established a woman’s right to terminate a pregnancy until a fetus is viable.
“We haven’t heard much out of Iowa until the past couple of years,” said state policy analyst Elizabeth Nash of the Guttmacher Institute, a national research group that supports abortion rights and tracks abortion legislation. “It has been a very striking shift in the state Legislature, and it really shows how important state legislatures are to abortion access.”
The election flipped control of the Iowa Senate, putting Republicans in charge of the Legislature and the governor’s office for the first time in two decades. Up to that point, Democrats had maintained enough political power to curtail most Republican anti-abortion attempts.
Chuck Hurley is chief counsel for the Family Leader, a faith-based group in Iowa that opposes abortion. He recalled being at an election night party alongside several state lawmakers. When it became clear Republicans would win Statehouse control, Hurley said he immediately worked the room to talk about abortion legislation.
“It is very interesting that a purple state is this out front on life,” Hurley said, adding, “There’s a pent up pro-life effort here in Iowa.”
Lawmakers adopted several abortion restrictions in 2017, including a 20-week abortion ban and a requirement that women wait three days before ending a pregnancy. The waiting provision, one of the longest in the country, is on hold because of a different lawsuit.
Suzanna de Baca, president and CEO of Planned Parenthood of the Heartland, said Iowa’s abortion law is tied to a small group of “very extreme politicians” in the state Legislature.
“The perception of Iowa is that we have been a rational, relatively progressive state that has always valued the health of our citizens,” she said. “It seems very uncharacteristic and extreme for an abortion ban of this magnitude to happen here.”
The lawsuit names Gov. Kim Reynolds and the Iowa Board of Medicine as defendants.