Skip to content
NOWCAST KCCI News at 6am Weekday Morning
Watch on Demand
Advertisement

Iowa's proposed abortion ban likely to face long legal battle

Iowa's 2018 'fetal heartbeat law' is almost identical to a proposed abortion ban lawmakers will consider Tuesday. The 2018 law was ruled unconstitutional. Although the new proposal is likely to also face a long legal battle, it could see a different outcome in court.

Iowa's proposed abortion ban likely to face long legal battle

Iowa's 2018 'fetal heartbeat law' is almost identical to a proposed abortion ban lawmakers will consider Tuesday. The 2018 law was ruled unconstitutional. Although the new proposal is likely to also face a long legal battle, it could see a different outcome in court.

HOUSE TONIGHT TO EXPLAIN. WHEN LAWMAKERS WILL BE BACK HERE AT THE STATE HOUSE TOMORROW FOR WHAT’S LIKELY TO BE A LONG, TENSE DAY OF DEBATE OVER NEW ABORTION RESTRICTION LAWS. BUT WHATEVER THEY DECIDE WILL LIKELY LEAD TO A LONG LEGAL BATTLE ENDING HERE AT THE IOWA SUPREME COURT. IT SEEMS TO BE A SURE BET THAT THERE IS GOING TO BE SOME SORT OF LEGAL CHALLENGE IF THIS BILL IS IS PASSED AGAIN, UNIVERSITY OF IOWA POLITICAL SCIENCE PROFESSOR TIM HAGEL SAYS IOWA’S NEW PLAN TO BAN ABORTION WILL LIKELY END UP IN COURT, A SITUATION THAT’S SEEMINGLY PLAYED OUT BEFORE. WHEN I WAS 2018, FETAL HEARTBEAT LAW WAS RULED UNCONSTITUTIONAL. THAT LAW AND IOWA’S NEW PROPOSAL ARE NEARLY IDENTICAL. BODE WOULD BAN ANY ABORTION AFTER A FETAL HEARTBEAT IS DETECTABLE. USUALLY AROUND SIX WEEKS OF PREGNANCY. BOTH ACKWORTH INCLUDE EXCEPTIONS FOR RAPE, INCEST, FETAL ABNORMALITY AND TO SAVE THE LIFE AND HEALTH OF THE MOTHER. BUT THE NEW BILL ADDS THAT PREGNANT WOMEN CAN’T BE HELD LIABLE IF A DOCTOR BREAKS THE RULES. IT ALSO ASSIGNS ENFORCEMENT POWER TO THE BOARD OF MEDICINE, AND IT ALSO COULD SEE A DIFFERENT OUTCOME IN COURT. THE DIFFERENCE, OF COURSE, IS, IS THAT NOW IT’S A DIFFERENT STANDARD. IOWA’S 2018 LAW HAD TO PASS A DIFFERENT TEST, ONE THAT SAID LAWS CAN’T PUT AN UNDUE BURDEN ON PEOPLE’S ACCESS TO ABORTION. BUT THE US SUPREME COURT OVERTURNED THAT STANDARD LAST YEAR WHEN THEY STRUCK DOWN THE NATIONAL RIGHT TO ABORTION. IOWA’S NEW BILL WOULD NOW LIKELY FACE A DIFFERENT TEST IN COURT WITHOUT THAT UNDUE BURDEN, STANDARD, WE’RE REDUCED THEN TO THE RATIONAL RELATION STANDARD, WHICH GIVES LEGISLATURES A GREATER ABILITY TO PASS LAWS TO PROTECT POTENTIAL LIFE. HAGEL SAYS A POTENTIAL RULING WOULD HINGE ON HOW STATE JUSTICES IN INTERPRET IOWA’S CONSTITUTION. SECTION ONE TALKS ABOUT ENABLING CAMPBELL RIGHTS AND INCLUDES THINGS LIKE HEALTH AND SAFETY AND THINGS OF THAT NATURE. AND SO IT COULD BE THAT THE IOWA SUPREME COURT CAN CAN SORT OF LATCH ON TO THAT WORD LIBERTY, AS IN THE IOWA CONSTITUTION, AS THE US SUPREME COURT DID IN THE FEDERAL CONSTITUTION. ARDON IOWA’S NEW ABORTION BAN IS SET TO TAKE EFFECT IMMEDIATELY IF IT’S PASSED AND SIGNED INTO LAW. BUT HAGEL SAYS THAT DOESN’T MEAN ABORTION ACCESS WOULD CHANGE RIGHT AWAY. IT COULD BE SOMETHING ALONG THOSE LINES WHERE THE STATUTE IS HELD UP AGAIN UNTIL THE LEGAL CHALLENGES WORK THROUGH THE SYSTEM, LAWMAKERS CAN STILL MAKE CHANGES TO THE CURRENT VERSION OF THE BILL WHILE THEY’RE IN SESSION TOMORROW, BUT THEY HAVE TO VOTE ON A FINAL VERSION BY 11:00 TOMORROW NIGHT FROM THE STATE HOUSE. AMAN
Advertisement
Iowa's proposed abortion ban likely to face long legal battle

Iowa's 2018 'fetal heartbeat law' is almost identical to a proposed abortion ban lawmakers will consider Tuesday. The 2018 law was ruled unconstitutional. Although the new proposal is likely to also face a long legal battle, it could see a different outcome in court.

Iowa lawmakers will return to the statehouse Tuesday for a special legislative session focused on new abortion restrictions. Lawmakers will have until 11 p.m. to debate and vote on a bill that would ban abortion when "a fetal heartbeat was detected," which is usually around six weeks of pregnancy.President of Planned Parenthood North Central States Ruth Richardson confirmed that the organization plans to challenge the ban in court if it's passed and signed into law. "In terms of sort of the strategy that we would be utilizing, we wouldn't be sort of talking about that preemptively, but we are prepared to challenge this within court," Richardson said during a press conference Monday. It's a situation that's seemingly played out before. The Iowa legislature passed a "fetal heartbeat law" in 2018 that was ruled unconstitutional in 2019 by a Polk County judge.The legal battle continued as recently as last month when a deadlocked state supreme court decision failed to lift an injunction on the 2018 law and permanently blocked it from taking effect.That law and Iowa's new proposal are nearly identical. Both would ban any abortion after a fetal heartbeat is detectable, and both include exceptions for reported incidents of rape or incest, fetal abnormality, and to save the life and health of the mother.The new bill does add that pregnant women can't be held liable if a doctor violates the law and performs an illegal abortion. It also places the board of medicine in charge of administering the new rules. University of Iowa political science professor Tim Hagle says the new abortion ban could also see a different outcome in court."If it is passed, it undoubtedly will be challenged again and go through the Iowa courts," Hagle said. "The difference, of course, is that now it's a different standard because the U.S. Supreme Court's decision in Dobbs overturned the undue burden standard. Now, it's going to be left to various states to decide what they want to do."Iowa's 2018 law was unable to pass an undue burden test, rendering the law unconstitutional. The undue burden standard was created in a U.S. Supreme Court ruling in the case of Planned Parenthood v. Casey. It mandates that laws can't put an undue burden on people's access to abortion.However, the legal climate has changed significantly since 2018.Neither the Iowa nor the U.S. Constitution specifically protects the right to an abortion. Without an undue burden standard, Iowa's new abortion proposal would likely face a much more lenient test to be upheld as constitutional in court."Without that undue burden standard, we're reduced then to the rational relation standard, which gives legislatures greater ability to pass laws to protect potential life," Hagle said.A potential ruling would likely hinge on how state justices interpret Iowa's constitution. "Section one talks about inalienable rights and includes things like health and safety and things of that nature," Hagle said. "It could be that the Iowa Supreme Court can sort of latch on to that word liberty in the Iowa constitution as the U.S. Supreme Court did in the federal constitution."If Iowa's new abortion ban is passed and signed into law, it's set to take effect immediately.But Hagle says that doesn't mean abortion access in Iowa would change right away. "It could be something along those lines where the statute is held up again until the legal challenges work through the system," he said.Iowans are able to weigh in on the new abortion bill at a public hearing at 9:30 a.m. on Tuesday. The hearing will be held in Room 103 at the statehouse, and Iowans can sign up to speak here. The public is also able to attend and speak at the Senate subcommittee hearing at 11 a.m. Tuesday. That hearing will be held in Room 116.

Iowa lawmakers will return to the statehouse Tuesday for a special legislative session focused on new abortion restrictions. Lawmakers will have until 11 p.m. to debate and vote on a bill that would ban abortion when "a fetal heartbeat was detected," which is usually around six weeks of pregnancy.

President of Planned Parenthood North Central States Ruth Richardson confirmed that the organization plans to challenge the ban in court if it's passed and signed into law.

Advertisement

"In terms of sort of the strategy that we would be utilizing, we wouldn't be sort of talking about that preemptively, but we are prepared to challenge this within court," Richardson said during a press conference Monday.

It's a situation that's seemingly played out before. The Iowa legislature passed a "fetal heartbeat law" in 2018 that was ruled unconstitutional in 2019 by a Polk County judge.

The legal battle continued as recently as last month when a deadlocked state supreme court decision failed to lift an injunction on the 2018 law and permanently blocked it from taking effect.

That law and Iowa's new proposal are nearly identical. Both would ban any abortion after a fetal heartbeat is detectable, and both include exceptions for reported incidents of rape or incest, fetal abnormality, and to save the life and health of the mother.

The new bill does add that pregnant women can't be held liable if a doctor violates the law and performs an illegal abortion. It also places the board of medicine in charge of administering the new rules.

University of Iowa political science professor Tim Hagle says the new abortion ban could also see a different outcome in court.

"If it is passed, it undoubtedly will be challenged again and go through the Iowa courts," Hagle said. "The difference, of course, is that now it's a different standard because the U.S. Supreme Court's decision in Dobbs overturned the undue burden standard. Now, it's going to be left to various states to decide what they want to do."

Iowa's 2018 law was unable to pass an undue burden test, rendering the law unconstitutional. The undue burden standard was created in a U.S. Supreme Court ruling in the case of Planned Parenthood v. Casey. It mandates that laws can't put an undue burden on people's access to abortion.

However, the legal climate has changed significantly since 2018.

Neither the Iowa nor the U.S. Constitution specifically protects the right to an abortion. Without an undue burden standard, Iowa's new abortion proposal would likely face a much more lenient test to be upheld as constitutional in court.

"Without that undue burden standard, we're reduced then to the rational relation standard, which gives legislatures greater ability to pass laws to protect potential life," Hagle said.

A potential ruling would likely hinge on how state justices interpret Iowa's constitution.

"Section one talks about inalienable rights and includes things like health and safety and things of that nature," Hagle said. "It could be that the Iowa Supreme Court can sort of latch on to that word liberty [that's] in the Iowa constitution as the U.S. Supreme Court did in the federal constitution."

If Iowa's new abortion ban is passed and signed into law, it's set to take effect immediately.
But Hagle says that doesn't mean abortion access in Iowa would change right away.

"It could be something along those lines where the statute is held up again until the legal challenges work through the system," he said.

Iowans are able to weigh in on the new abortion bill at a public hearing at 9:30 a.m. on Tuesday. The hearing will be held in Room 103 at the statehouse, and Iowans can sign up to speak here.

The public is also able to attend and speak at the Senate subcommittee hearing at 11 a.m. Tuesday. That hearing will be held in Room 116.