Des Moines, Iowa – Iowa Supreme Court on Friday Rejected the 2018 decision Which protects abortion under the state constitution.
That decision – U.S. Supreme Court of Rowe v. Linked to the potential upheaval by Wade, the 1973 decision that established the nationwide right to abortion – would give Iowa legislators significantly more freedom to pass and enforce prohibited abortion laws.
The Iowa Supreme Court’s reversal came in a fractured decision reversing a lower court’s decision to block a 2020 law that sets a 24-hour waiting period before an abortion. The majority view was that the previous Supreme Court ruling establishing the constitutional right to abortion “inadequately recognizes that future human life is in danger.”
The judgment sends the case back to the lower court for reconsideration.
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Planned Parenthood of the Heartland 2020 challenged the law, arguing that its passage violated procedural rules and that the waiting period was unconstitutional.
With Iowa Governor Kim Reynolds, a Republican, appointing four of the seven judges, the 2018 decision has changed the composition of the court.
While rejecting the constitutional guarantee of the right to abortion, Friday’s decision did not state what the new standard should be.
“While we reject (the 2018 decision), and thus reject the proposal in the Iowa Constitution that abortion regulation is a fundamental right subject to strict scrutiny, we do not at this time decide on what constitutional basis it should be changed,” he wrote. Justice Edward Mansfield, who wrote the majority opinion.
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How will this decision affect Iowa’s abortion law?
Republican leaders in Iowa have passed legislation to impose a waiting period or ban abortions too early in pregnancy, just to see if those laws are blocked by the courts.
Friday’s ruling means anti-abortion legislators in Iowa will no longer have to fight state-level constitutional protection, which will remain in place even if the Rowe case is overturned.
Governor Kim Reynolds celebrated the Iowa Supreme Court’s decision in a statement Friday morning.
“Today’s verdict is a significant victory in our fight to save Ajat. The Iowa Supreme Court overturned its earlier 2018 ruling that made Iowa the most abortion-friendly state in the country, “Reynolds said.” Every life is sacred and should be protected, and as long as I am governor it is. . Will. ”
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For the moment, Iowa legislators should still struggle with Rowe, who federally protects the right to abortion before the fetus is viable outside the womb.
But if the U.S. If the Supreme Court adopts the leaked majority opinion in the next decision, the row will be reversed, allowing individual states to pass and enforce laws that limit abortions even in the early weeks of pregnancy.
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Reynolds declined to comment on whether he would call the legislators back to Des Moines for a special session on abortion.
House Speaker Pat Grassley, R-New Hartford, said the decision was “a positive step in our fight to save the unborn.” He did not offer specific legal plans, but reaffirmed his Caucus commitment to abortion.
“As we work to understand the full impact of this decision, Iowans can be assured that Iowa House Republicans are strongly pro-life and committed to protecting the unborn and providing additional support to new mothers,” Grassley said.
Democrats condemned the ruling Friday morning. House Minority Leader Jennifer Confort said it was a “step backwards for Iowa families.”
“Iowans should always make the final decision to make their own healthcare decisions, including abortion, without the interference of politicians,” Confrest, D-Windsor Heights said in a statement.