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Iowa judge temporarily blocks enforcement of state's new 'fetal heartbeat' law

Iowa judge temporarily blocks enforcement of state's new 'fetal heartbeat' law
WITH BREAKING NEWS. A POLK COUNTY JUDGE HAS PUT IOWA’S NEW ABORTION LAW ON PAUSE. THAT NEW LAW BANS ABORTION WHEN A FETAL HEARTBEAT IS DETECTED. CARDIAC ACTIVITY GENERALLY HAPPENS AROUND SIX WEEKS OF PREGNANCY. CASS BEAU BOWMAN IS HERE WITH THE REASONING BEHIND THE JUDGE’S RULING. BO. WELL, STACY, THE JUDGE FILED THE RULING AT ABOUT 230 THIS AFTERNOON, BLOCKING THE LAW. REYNOLDS SIGNED ON FRIDAY. THIS MEANS FOR NOW, ABORTION IN IOWA IS LEGAL AGAIN, UP TO 20 WEEKS OF PREGNANCY IN THE DECISIONS JUDGE JOSEPH DILLON RELIED ON THE IOWA SUPREME COURT’S PREVIOUS RULINGS FROM 2015 AND 2018. THEY STRUCK DOWN ABORTION RESTRICTIONS BECAUSE THEY PLACED A, QUOTE, SUBSTANTIAL OBSTACLE IN THE PATH OF A WOMAN SEEKING AN ABORTION, END QUOTE. SALON WROTE. THE ATTORNEYS FOR PLANNED PARENTHOOD WERE ABLE TO PROVE THERE WOULD BE IRREPARABLE HARM. WHILE THE COURT BATTLE IS ONGOING, WHICH IS THE REASON FOR THE TEMPORARY INJUNCTION, THE LAW WAS IN EFFECT FOR ABOUT THREE DAYS SINCE REYNOLDS SIGNED IT ON FRIDAY AFTERNOON. BOONE PLANNED PARENTHOOD. PLANNED PARENTHOOD SAID THEY DIDN’T HAVE ANY STATISTICS FROM THAT WINDOW TO SHARE JUST YET, BUT SPOKE ABOUT THE IMPACTS IT HAD ON THEIR STAFF AND PATIENTS. THE FACT THAT THE BAN DID GO INTO EFFECT FOR A FEW DAYS CAUSED A GREAT DEAL OF CONFUSION AND A GREAT DEAL OF ANXIETY AND FEAR AMONG AMONG PATIENTS AND AMONG PROVIDERS IN IOWA, GOVERNOR REYNOLDS OFFICE RELEASED A STATEMENT READING IN PART, QUOTE, THE ABORTION INDUSTRY’S ATTEMPT TO THWART THE WILL OF IOWANS AND THEIR VOICE, THE VOICES OF THEIR ELECTED REPRESENTATIVES CONTINUES TODAY. BUT I WILL FIGHT THIS ALL THE WAY TO THE IOWA SUPREME COURT, WHERE WE EXPECT A DECISION THAT WILL FINALLY PROVIDE JUSTICE FOR THE UNBORN IN THIS LAW IS NEARLY IDENTICAL TO THE LAW THAT WAS DEFEATED LAST MONTH IN THE STATE SUPREME COURT. REYNOLDS SIGNED THE BILL INTO LAW ON FRIDAY AFTER LAWMAKERS PASSED IT DURING A MARATHON SPECIAL SESSION LAST WEEK. STACEY BOW, THANK YOU. THE RULING WAS ISSUED BY FIFTH DISTRICT COURT JUDGE JOSEPH DILLON. HE HAS HELD THE JOB FOR FIVE YEARS. HE’S PRACTICED LAW FOR NEARLY 40. HE HAS BEEN BEHIND SOME OTHER BIG RULINGS AGAINST THE STATE. MOST RECENTLY, SALON REFUSED TO DISMISS A LAWSUIT FILED AGAINST GOVERNOR REYNOLDS BY VARIOUS MEDIA OUTLETS. REYNOLDS AGREED TO SETTLE THE LAWSUIT LAST MONTH. HE ALSO ISSUED A TEMPORARY INJUNCTION ON A 2017 LAW THAT BLOCKED SEX ED FUNDING TO PLANNED PARENTHOOD. ANOTHER JUDGE ISSUED A PERMANENT INJUNCTION, WHICH IOWA SUPREME COURT OVERTURNED. ANOTHER RULING FOCUSED ON IOWA’S VOTER ID LAW. IT WAS SIGNED IN 2017 AND PROHIBITED ISSUING VOTER ID CARDS TO PEOPLE WITH DRIVER’S LICENSES. BUT SADLON RULED THAT ALL REGISTERED VOTERS SHOULD BE ALLOWED TO HAVE ONE. FOUR STATES BORDERING IOWA CURRENTLY HAVE ABORTION BANS IN EFFECT MISSOURI, SOUTH DAKOTA AND WISCONSIN HAVE TOTAL BANS, WITH NO EXCEPTIONS FOR RAPE OR INCEST. NEBRASKA BANS ABORTION AFTER 12 WEEKS. MINNESOTA ALTA AND ILLINOIS STATE LEADERS INCREASE ABORTION PROTECTIONS FOLLOWING THE OVERTURNING OF ROE VERSUS WADE AND KANSAS VOTERS REJECTED A BALLOT THAT WOULD HA
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Iowa judge temporarily blocks enforcement of state's new 'fetal heartbeat' law
An Iowa judge on Monday temporarily blocked the state’s new ban on most abortions after about six weeks of pregnancy, just days after Gov. Kim Reynolds signed the measure into law.That means abortion is once again legal in Iowa up to 20 weeks of pregnancy, with a 24-hour waiting period, while the courts assess the new law’s constitutionality. The new law 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 The Republican-controlled Legislature approved the measure in a rare, all-day special session last week, prompting a legal challenge by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic. Judge Joseph Seidlin held a hearing on the matter Friday but said he would take the issue under advisement — just as Reynolds signed the bill into law about a mile away.Abortion providers said they scrambled last week to fit in as many appointments as possible before the governor put pen to paper, preemptively making hundreds of calls to prepare patients for the uncertainty and keeping clinics open late.“There were hundreds of phone calls that were made as we were trying to prepare patients for this new reality that we find ourselves in with this manufactured confusion. And I think it’s just an important note that as Iowans continue to struggle with understanding what type of health care they are allowed to access, just how harmful this is for patients as they’re trying to access the care they need,” President and CEO of Planned Parenthood North Central States Ruth Richardson said. WATCH: KCCI's Ophelie Jacobson speaks to legal expert about temporary block of state's new 'fetal heartbeat' lawReynolds swiftly put out a statement underscoring her intention to fight the issue in the state Supreme Court.“In their own words, the abortion industry stressed the need for a temporary injunction so they could continue with 200 scheduled abortions in the next two weeks. While Life was protected for a few days, now even more innocent babies will be lost,” she said. “The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today, but I will fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.” The ruling Monday does specify that while the law is temporarily paused, the state’s Board of Medicine should proceed with rules for enforcement so that specific rules for health care providers will be well defined if the law were to be in effect in the future.There are limited circumstances under the law 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.Seidlin specified that his ruling today hinges on the “undue burden” standard, which is an intermediate level of scrutiny that requires laws do not create a significant obstacle to abortion.The state Supreme Court, in its latest rulings on the issue, said the undue burden standard remains in effect “with an invitation to litigate the issue further,” Seidlin wrote. “This, perhaps, is the litigation that accepts the invitation.”Using that standard, abortion advocates are likely right to say the new law violates Iowans’ constitutional rights, Seidlin said, which led him to grant the temporary block.Lawyers for the state argued the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.“We are deeply relieved that the court granted this relief so essential health care in Iowa can continue,” said Abbey Hardy-Fairbanks, medical director of the Iowa City-based Emma Goldman Clinic, in a statement. “We are also acutely aware that the relief is only pending further litigation and the future of abortion in Iowa remains tenuous and threatened.”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, as is now the case in Iowa.Four states bordering Iowa currently have abortion bans in effect.Missouri, South Dakota, and Wisconsin have total bans with no exceptions for rape or incest. Nebraska bans abortion after 12 weeks. Minnesota and Illinois state leaders increased abortion protections following the overturning of Roe v. Wade. Abortion is legal in Kansas, where voters rejected a ballot that would have changed abortion protections in its state constitution.WATCH: Abortion status around IowaRecent abortion coverageIowa Legislature passes abortion restrictions, bill goes to governor's desk'Fetal heartbeat' bill: How each Iowa lawmaker voted in special sessionWhat are the exemptions to Iowa's new abortion bill?Lawsuit filed to block enforcement of Iowa's new abortion restrictions'Overjoyed': Women against abortion react to 'fetal heartbeat' bill, share personal stories‘It feels like a hostile attack’: Iowa doctor expresses concern over new abortion restrictions

An Iowa judge on Monday temporarily blocked the state’s new ban on most abortions after about six weeks of pregnancy, just days after Gov. Kim Reynolds signed the measure into law.

That means abortion is once again legal in Iowa up to 20 weeks of pregnancy, with a 24-hour waiting period, while the courts assess the new law’s constitutionality.

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The new law 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

The Republican-controlled Legislature approved the measure in a rare, all-day special session last week, prompting a legal challenge by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic. Judge Joseph Seidlin held a hearing on the matter Friday but said he would take the issue under advisement — just as Reynolds signed the bill into law about a mile away.

Abortion providers said they scrambled last week to fit in as many appointments as possible before the governor put pen to paper, preemptively making hundreds of calls to prepare patients for the uncertainty and keeping clinics open late.

“There were hundreds of phone calls that were made as we were trying to prepare patients for this new reality that we find ourselves in with this manufactured confusion. And I think it’s just an important note that as Iowans continue to struggle with understanding what type of health care they are allowed to access, just how harmful this is for patients as they’re trying to access the care they need,” President and CEO of Planned Parenthood North Central States Ruth Richardson said.

WATCH: KCCI's Ophelie Jacobson speaks to legal expert about temporary block of state's new 'fetal heartbeat' law

Reynolds swiftly put out a statement underscoring her intention to fight the issue in the state Supreme Court.

“In their own words, the abortion industry stressed the need for a temporary injunction so they could continue with 200 scheduled abortions in the next two weeks. While Life was protected for a few days, now even more innocent babies will be lost,” she said. “The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today, but I will fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”

The ruling Monday does specify that while the law is temporarily paused, the state’s Board of Medicine should proceed with rules for enforcement so that specific rules for health care providers will be well defined if the law were to be in effect in the future.

There are limited circumstances under the law 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.

Seidlin specified that his ruling today hinges on the “undue burden” standard, which is an intermediate level of scrutiny that requires laws do not create a significant obstacle to abortion.

The state Supreme Court, in its latest rulings on the issue, said the undue burden standard remains in effect “with an invitation to litigate the issue further,” Seidlin wrote. “This, perhaps, is the litigation that accepts the invitation.”

Using that standard, abortion advocates are likely right to say the new law violates Iowans’ constitutional rights, Seidlin said, which led him to grant the temporary block.

Lawyers for the state argued the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.

“We are deeply relieved that the court granted this relief so essential health care in Iowa can continue,” said Abbey Hardy-Fairbanks, medical director of the Iowa City-based Emma Goldman Clinic, in a statement. “We are also acutely aware that the relief is only pending further litigation and the future of abortion in Iowa remains tenuous and threatened.”

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, as is now the case in Iowa.

Four states bordering Iowa currently have abortion bans in effect.

Missouri, South Dakota, and Wisconsin have total bans with no exceptions for rape or incest. Nebraska bans abortion after 12 weeks. Minnesota and Illinois state leaders increased abortion protections following the overturning of Roe v. Wade. Abortion is legal in Kansas, where voters rejected a ballot that would have changed abortion protections in its state constitution.

WATCH: Abortion status around Iowa

Recent abortion coverage