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Lawsuit filed to block enforcement of Iowa's new abortion restrictions

Lawsuit filed to block enforcement of Iowa's new abortion restrictions
WITH BREAKING NEWS. LESS THAN HALF A DAY AFTER THE IOWA LEGISLATURE PASSED NEW ABORTION RESTRICTIONS. IOWA ABORTION PROVIDERS FILED A LAWSUIT IN DISTRICT COURT TO BLOCK THE MEASURE. PLANNED PARENTHOOD. THE EMMA GOLDMAN CLINIC AND THE ACLU OF IOWA ARE LISTED ON THE CHALLENGE. ALL THREE GROUPS ARE SEEKING A TEMPORARY INJUNCTION THAT WOULD PREVENT ENFORCEMENT OF THE LAW. IN A STATEMENT, THE GROUP SAYS THE BILL PASSED YESTERDAY BY THE LEGISLATURE, ARMOUR, MAKES EXCEPTIONS THAT AREN’T WORKABLE FOR PATIENTS OR DOCTORS. THE GROUPS PLAN TO HOLD A NEWS CONFERENCE ON THE LAWSUIT THIS AFTERNOON. WATCH FOR THAT. TONIGHT ON KCCI EIGHT NEWS AT 5:00 AND SIX. THE BILL TAKES EFFECT IMMEDIATELY AFTER THE GOVERNOR SIGNS IT. AND GOVERNOR KIM REYNOLDS SAYS SHE’LL SIGN NEW ABORTION RESTRICTIONS INTO LAW FRIDAY. SHE’LL SIGN IT AT THE FAMILY LEADERSHIP SUMMIT, A REPUBLICAN EVENT IN DES MOINES. THE IOWA LEGISLATURE PASSED THE NEW RESTRICTIONS LAST NIGHT DURING A SPECIAL SESSION. THE SO-CALLED FETAL HEARTBEAT BILL WOULD BAN ABORTION WHEN A HEARTBEAT IS DETECTED. THAT CAN HAPPEN AROUND THE SIXTH WEEK OF PREGNANCY AS EXCEPTIONS TO THE BAN INCLUDE LIFE AND HEALTH OF THE MOTHER AND IN CASES OF REPORTED RAPE OR INCEST. GOVERNOR REYNOLDS CALLED THE SPECIAL SESSION SOLELY TO PASS THE NEW RESTRICTIONS AND CHIEF POLITICAL REPORTER AMANDA WAS THERE AS LAWMAKERS PASSED THIS BILL. AMANDA, WHERE DOES ABORTION ACCESS STAND RIGHT NOW? WELL, ALEX, AT THIS CURRENT MOMENT, ABORTION IN IOWA IS STILL LEGAL, UP TO 20 WEEKS OF PREGNANCY WITH A 24 HOUR WAITING PERIOD. BUT THERE IS SO MUCH UNCERTAINTY OVER THAT ABORTION ACCESS BECAUSE IT COULD CHANGE AS SOON AS FRIDAY WHEN THE GOVERNOR PLANS TO SIGN THIS BILL INTO LAW. AND THAT LEGAL CHALLENGE COULD COMPLICATE THINGS AS WELL. WHAT WE KNOW IS THAT STATE LAWMAKERS SPENT HOURS IN FIERY DEBATE OVER THIS BILL YESTERDAY, SOME SHARING DEEPLY PERSONAL STORIES, OTHER GIVING PASSIONATE PLEAS, I BELIEVE, TO MY CORE FOR THAT INTENSELY PERSONAL HEALTH CARE DECISIONS ARE BEST MADE BETWEEN PATIENTS AND THEIR DOCTORS. EVERY IOWAN DESERVES THE RIGHT TO DECIDE WHEN OR IF TO BECOME A PARENT. AND THE IDEA THAT WE WOULD DICTATE OTHERWISE IS IS ANTITHETICAL TO THE IDEALS OF PERSONAL LIBERTY AND FREEDOM. IF THEY’RE NOT PREPARED TO HAVE A BABY, THEY SHOULDN’T HAVE SEX. IF THEY’RE THAT CONCERNED ABOUT IT, I WILL STAND FOR EVERYONE’S RIGHT TO PRACTICE ABSTINENCE. CASS ABORTION HAS AS LITTLE, IF ANYTHING, TO DO WITH REPRODUCTIVE RIGHTS. IT’S AFTER THE FACT. AFTER THAT LONG DEBATE, THAT BILL DID PASS THE HOUSE AND SENATE. AND IF IT TAKES EFFECT WHEN IT’S SIGNED INTO LAW, THE BILL SPECIFICALLY STATES WOMEN CANNOT FACE CRIMINAL OR CIVIL CHARGES IF THEY HAVE AN ILLEGAL ABORTION. BUT IT ALSO SAYS THE BOARD OF MEDICINE IS NOW IN CHARGE OF MAKING SURE DOCTORS FOLLOW THESE RULES. SO FAR, THE BOARD HAS NOT SAID HOW THEY PLAN TO ENFORCE THIS BILL. WE CALLED THEM, BUT DID NOT GET A RESPONSE. REPUBLIC DIXON LEADERS SAY THEY STILL FEEL CONFIDENT THAT THE BILL WILL BE IMPLEMENTED CLEARLY AND FAIRLY ACROSS THE STATE. BUT DEMOCRATS SAY IT’S UNFAIR THAT THIS BILL WAS PASSED WITHOUT LAWMAKERS SPECIFYING WHAT PENALTIES DOCTORS WOULD FACE BECAUSE YOU GOT A MISBALANCED BOARD OF MORE REPUBLICANS, NO DEMOCRATS ARE ON IT. AND YOU’RE GOING TO ALLOW THEM TO DETERMINE WHETHER THERE OUGHT TO BE PENALTIES. I’M SORRY THAT IS NOT FAIR REPRESENTATION. THIS IS NOT ABOUT PUNISHMENT. THIS IS ABOUT EXTENDING GOVERNMENT PROTECTED RIGHT TO LIFE. WHICH IS WHICH IS BOTH ENSHRINED IN BOTH OUR STATE AND FEDERAL CONSTITUTION. IT’S ABOUT EXTENDING THE GOVERNMENT’S PROTECTION TO THAT RIGHT TO LIFE, TO UNBORN CHILDREN. I DON’T HAVE AN AX TO GRIND AND I DON’T HAVE PENALTIES TO RECOMMEND. I’M NOT HERE TO PUNISH ANYONE. I’M HERE TO TO DEFEND UNBORN LIFE. GOVERNOR KIM REYNOLDS WILL SIGN THIS BILL INTO LAW AT THE IOWA FAMILY LEADERSHIP SUMMIT THAT’S HOSTED BY A MAJOR CONSERVATIVE CHRISTIAN GROUP IN OUR STATE. AND SIX 2024 GOP CANDIDATES. YOU CAN SEE THEM RIGHT HERE. THEY WILL ALL BE IN OUR STATE AND THEY WILL BE THERE AS REYNOLDS SIGNS THAT BILL INTO LA
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Lawsuit filed to block enforcement of Iowa's new abortion restrictions
Iowa’s new ban on most abortions after roughly six weeks of pregnancy was challenged in court on Wednesday, launching what will likely be a lengthy and emotional legal battle just hours after the Legislature approved it in a late-night vote.The bill was passed with exclusively Republican support in a rare, one-day legislative burst lasting more than 14 hours. That’s despite the vocal — and sometimes tense — objections from Democratic lawmakers and abortion advocates protesting at the Capitol.Iowa Gov. Kim Reynolds plans to sign House File 732 into law Friday during the Family Leadership Summit at the Community Choice Credit Union Convention Center in Des Moines.Watch: Gov. Reynolds expected to sign new abortion restrictions into law Friday The challenge, brought by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic, requests that a district court temporarily put the soon-to-be law on hold as the courts assess its constitutionality. A hearing is scheduled for Friday afternoon, according to court documents, just before the governor’s bill signing.Abortion is currently legal in Iowa up to 20 weeks of pregnancy, but that would change with the stroke of Reynolds’ pen Friday. The new legislation prohibits almost all abortions once cardiac activity can be detected, which is usually around six weeks of pregnancy and before many women know they are pregnant.Watch: What's next for abortion in Iowa?Reynolds ordered the special session after Iowa’s Supreme Court declined in June to reinstate a practically identical law that she signed in 2018. She called the new bill a vindication of her earlier efforts.“The Iowa Supreme Court questioned whether this legislature would pass the same law they did in 2018, and today they have a clear answer,” Reynolds said in a statement. “Justice for the unborn should not be delayed.” There are limited circumstances under the measure that would allow for abortion after the point in a pregnancy where cardiac activity is detected: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality “incompatible with life”; or if the pregnancy is endangering the life of the pregnant woman. Planned Parenthood North Central States said Wednesday they are preparing to have to refer patients to other states if the law isn’t blocked. As of Wednesday, 200 patients were scheduled for abortions at Iowa Planned Parenthood or the Emma Goldman Clinic this week and next, according to the court filings. Most of them past the six-week mark in their pregnancies.“We are seeking to block the ban because we know that every day this law is in effect, Iowans will face life-threatening barriers to getting desperately needed medical care — just as we have seen in other states with similar bans,” Rita Bettis Austen, legal director for the ACLU of Iowa, said in a statement.Most Republican-led states have drastically limited abortion access in the year since the U.S. Supreme Court overturned Roe v. Wade and handed authority on abortion law to the states. More than a dozen states have bans with limited exceptions and one state, Georgia, bans abortion after cardiac activity is detected. Several other states have similar restrictions that are on hold pending court rulings.A district court in Iowa found the state’s 2018 abortion ban unconstitutional in 2019, which at the time was based on rulings by the U.S. Supreme Court and Iowa’s Supreme Court that had affirmed a woman’s fundamental constitutional right to abortion.After both bodies overturned those rulings last year, the governor sought to reinstate the 2018 law. But the state’s high court deadlocked last month without ruling on the merits of an abortion ban, leaving that law permanently blocked and leaving open the question of how the courts would rule on a new one. More Coverage:Iowa Legislature passes abortion restrictions, bill goes to governor's desk'Fetal heartbeat bill': How each Iowa lawmaker voted in special sessionLegal expert: Abortion bill would face long court battle

Iowa’s new ban on most abortions after roughly six weeks of pregnancy was challenged in court on Wednesday, launching what will likely be a lengthy and emotional legal battle just hours after the Legislature approved it in a late-night vote.

The bill was passed with exclusively Republican support in a rare, one-day legislative burst lasting more than 14 hours. That’s despite the vocal — and sometimes tense — objections from Democratic lawmakers and abortion advocates protesting at the Capitol.

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Iowa Gov. Kim Reynolds plans to sign House File 732 into law Friday during the Family Leadership Summit at the Community Choice Credit Union Convention Center in Des Moines.

Watch: Gov. Reynolds expected to sign new abortion restrictions into law Friday

The challenge, brought by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic, requests that a district court temporarily put the soon-to-be law on hold as the courts assess its constitutionality. A hearing is scheduled for Friday afternoon, according to court documents, just before the governor’s bill signing.

Abortion is currently legal in Iowa up to 20 weeks of pregnancy, but that would change with the stroke of Reynolds’ pen Friday. The new legislation prohibits almost all abortions once cardiac activity can be detected, which is usually around six weeks of pregnancy and before many women know they are pregnant.

Watch: What's next for abortion in Iowa?



Reynolds ordered the special session after Iowa’s Supreme Court declined in June to reinstate a practically identical law that she signed in 2018. She called the new bill a vindication of her earlier efforts.

“The Iowa Supreme Court questioned whether this legislature would pass the same law they did in 2018, and today they have a clear answer,” Reynolds said in a statement. “Justice for the unborn should not be delayed.”

There are limited circumstances under the measure that would allow for abortion after the point in a pregnancy where cardiac activity is detected: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality “incompatible with life”; or if the pregnancy is endangering the life of the pregnant woman.

abortion protesters at iowa capitol july 11, 2023
Hearst Owned
Protesters gather at the Iowa Capitol rotunda to voice opposition to the new ban on abortion after roughly six weeks of pregnancy introduced by Republican lawmakers in a special session in Des Moines, Iowa on Tuesday, July 11, 2023. Iowa’s Legislature passed the bill late that evening and Gov. Kim Reynolds immediately said in a statement she would sign the bill on July 14.

Planned Parenthood North Central States said Wednesday they are preparing to have to refer patients to other states if the law isn’t blocked. As of Wednesday, 200 patients were scheduled for abortions at Iowa Planned Parenthood or the Emma Goldman Clinic this week and next, according to the court filings. Most of them past the six-week mark in their pregnancies.

“We are seeking to block the ban because we know that every day this law is in effect, Iowans will face life-threatening barriers to getting desperately needed medical care — just as we have seen in other states with similar bans,” Rita Bettis Austen, legal director for the ACLU of Iowa, said in a statement.

Most Republican-led states have drastically limited abortion access in the year since the U.S. Supreme Court overturned Roe v. Wade and handed authority on abortion law to the states. More than a dozen states have bans with limited exceptions and one state, Georgia, bans abortion after cardiac activity is detected. Several other states have similar restrictions that are on hold pending court rulings.

A district court in Iowa found the state’s 2018 abortion ban unconstitutional in 2019, which at the time was based on rulings by the U.S. Supreme Court and Iowa’s Supreme Court that had affirmed a woman’s fundamental constitutional right to abortion.

After both bodies overturned those rulings last year, the governor sought to reinstate the 2018 law. But the state’s high court deadlocked last month without ruling on the merits of an abortion ban, leaving that law permanently blocked and leaving open the question of how the courts would rule on a new one.

More Coverage:

Iowa Legislature passes abortion restrictions, bill goes to governor's desk

'Fetal heartbeat bill': How each Iowa lawmaker voted in special session

Legal expert: Abortion bill would face long court battle