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 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 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 [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.