Update 7/17/23: Polk County, Iowa Judge Joseph Seidlin placed a block on the state’s new heartbeat law on Monday while the court considers a lawsuit filed by abortionists in the state. The ruling temporarily reinstates abortion in the state up to 20 weeks of pregnancy.
According to the Associated Press, Seidlin’s ruling “hinges on the ‘undue burden’ test, which is an intermediate level of scrutiny that requires laws do not create a significant obstacle to abortion.” However, he also instructed the Iowa Board of Medicine to proceed with developing administrative rules for implementing the law.
“Should the injunction entered today ultimately be dissolved, it would only benefit all involved, patients and providers alike, to have rules in place to administer the law,” he wrote.
Governor Kim Reynolds, who signed the new legislation Friday, vowed to continue fighting for the preborn.
“The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today,” Reynolds said in a statement. “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.”
Update 7/16/23: The governor of Iowa, Kim Reynolds, signed the state’s “heartbeat bill” into law on Friday, protecting children from abortion beginning at six weeks, when an embryonic heartbeat is detectable. Iowa is now the 13th state to enact such a law.
“Not only will I continue to fight against the inhumanity of abortion, but I will also remain committed to supporting women in planning for motherhood, promoting fatherhood and parenting, and continuing policies that encourage strong families,” Reynolds said in a statement earlier this month.
Exceptions to the law include women and girls who have become pregnant from rape or incest and preborn children who have received a diagnosis that doctors have determined will result in death at or shortly after birth. There is also an exception for medical emergencies, though directly and intentionally killing a preborn child prior to emergency delivery is never necessary.
Abortionists in the state had already filed a lawsuit on Wednesday to try to block the law’s enforcement.
7/12/23: Iowa lawmakers passed a “heartbeat bill” during a special session held this week. The bill passed late Tuesday night with a 32-17 vote as the result of the legislative session called by Governor Kim Reynolds. Reynolds has said she will sign the bill Friday.
Senate Bill 1223 protects preborn children from abortion after a heartbeat is detected, which usually occurs around six weeks (though a preborn child’s heart first begins to beat 16 to 22 days post-fertilization). It does include exceptions for the life of the woman (however, an induced abortion, which intentionally and directly ends the life of a preborn child, is not necessary to save the mother’s life), and if a doctor determines that the preborn child has a diagnosis “incompatible with life.” It also includes exceptions for rape and incest.
“I believe the pro-life movement is the most important human rights cause of our time,” Reynolds said in a statement. “Not only will I continue to fight against the inhumanity of abortion, but I will also remain committed to supporting women in planning for motherhood, promoting fatherhood and parenting, and continuing policies that encourage strong families.”
Reynolds previously signed a similar law in 2018, but that law was blocked by the court. In an unusual ruling last month, the state Supreme Court voted 3-3 to uphold the block on the law but stated that the vote was largely procedural and that lawmakers were free to pass a new, identical law — prompting Reynolds to call the special legislative session.
Pro-abortion groups have signaled that they intend to challenge the new law.
“This is not the end of our fight for safe and legal abortion and reproductive health care,” Ruth Richardson, the president and CEO of Planned Parenthood North Central States, said in a statement. “We will exhaust all options to ensure Iowans have control of their bodily autonomy, now and for generations to come.”
“The ACLU of Iowa, Planned Parenthood, and the Emma Goldman Clinic remain committed to protecting the reproductive rights of Iowans to control their bodies and their lives, their health, and their safety–including filing a lawsuit to block this reckless, cruel law,” said ACLU of Iowa Executive Director Mark Stringer.
Current Iowa law allows abortions up to 20 weeks. Following Reynolds’ signature, this new law will go into effect immediately.
