New abortion restrictions in Iowa take effect Monday

New restrictions banning most abortions in Iowa will take effect Monday, July 29.

District Court Judge Jeffrey Farrell issued an order dissolving an injunction that has blocked the new restrictions from going into place. The order comes after the Iowa Supreme Court denied a request Monday by Planned Parenthood of the Heartland, the ACLU of Iowa and the Emma Goldman Clinic in Iowa City to rehear the case in a last-ditch legal attempt to keep the state law from going into effect.

Under the new law, a doctor will be prohibited from performing an abortion once cardiac activity can be detected in an embryo or fetus through a transabdominal ultrasound. Cardiac activity typically can be detected at roughly six weeks of pregnancy, which is often before a woman is aware of the pregnancy.

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The law has limited exceptions that would allow for abortion after fetal cardiac activity is detected, including some cases of rape, incest, life or health of the mother or a fetal abnormality judged by a doctor to be incompatible with life. But doctors say the exceptions as written are impractical and will be difficult, if not impossible, to apply in real-life medical emergencies.

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A divided Iowa Supreme Court in a 4-3 decision issued June 28 said a 2023 law passed by Republican lawmakers and signed by Republican Gov. Kim Reynolds survives judicial scrutiny under Iowa’s constitution and can be enforced.

On Friday, Judge Farrell in a meeting with attorneys on both sides of the case said he would allow for a buffer of two to three business days between receiving the Iowa Supreme Court’s order and lifting the injunction. Plaintiffs made the request so health care providers and patients could receive notice before the restrictions go into effect.

“Defense counsel offered no definitive answer on the timing question. Plaintiffs' proposal is reasonable to ensure that everyone is on fair notice as to when enforcement of the statute may begin,” Farrell wrote in his order. “… Accordingly, the temporary injunction shall be deemed dissolved effective 8:00 a.m. on Monday, July 29, 2024, and the law may be fully enforced.”

Abortion had been legal in the state up to 20 weeks of pregnancy. Iowa law also requires pregnant women to wait 24 hours for an abortion after getting an initial consultation.

For the remainder of this week, Planned Parenthood said it will continue to provide abortion care under current protocols. Come Monday, it will continue to provide abortion services in Iowa in compliance with the law when it takes effect.

“Planned Parenthood is prepared to help patients determine whether they can still be seen in Iowa or must travel to different health centers in Minnesota, Nebraska, and other neighboring states,” the abortion provider said in a statement Tuesday.

Ruth Richardson, president and CEO of Planned Parenthood North Central States, said the Iowa Supreme Court dealt a “devastating” blow to essential health care access that will force thousands of Iowans either to go out of state or to carry their pregnancy to term against their will.

“Our hearts are heavy as Iowans have lost the ability to make personal, private medical decisions,” Ruth Richardson, president and CEO of Planned Parenthood North Central States, said. “... We are committed to doing everything we can to help patients get the care they need, which has included long-term regional investments in our Mankato (Minnesota) and Omaha (Nebraska) health centers. But Iowans deserve to access care in their own community and in their own state. We will continue to fight to restore their bodily autonomy.”

Reynolds, in a statement Tuesday, called the Supreme Court’s ruling and the lower-court order “a victory for life.”

“There is nothing more sacred and no cause more worthy than protecting innocent unborn lives,” the governor said. “As the fetal heartbeat law finally takes effect, our work will continue to strengthen a culture of life in Iowa.”

Reynolds said she remains “deeply committed to” supporting strong families, which includes supporting pregnant mothers, promoting adoption and the importance of fatherhood, and protecting in vitro fertilization.

“Families are the foundation of society, and policies that encourage strong families will make our state and country strong for generations to come,” she said.

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Iowa House Minority Leader Jennifer Konfrst, D-Windsor Heights, said Iowans need to hold elected officials accountable at the ballot box this November.

“Politicians and judges have no place interfering in someone else’s decisions about when to start a family,” Konfrst said in a statement. “Everyone deserves the right to make their own healthcare decisions, especially when it comes to reproductive care and abortion."

Iowa Senate Democratic Leader Pam Jochum, D-Dubuque, echoed Konfrst.

“The ban on abortions as early as six weeks of pregnancy will have serious ramifications to Iowans' health and future,” Jochum said. “Senate Democrats stand with the majority of Iowans who support safe and legal access to abortion.”

How will the law impact abortion access in Iowa?

Ruth Richardson, president and chief executive officer of Planned Parenthood North Central States, said the organization estimates 97 to 98 percent of abortions will be banned in Iowa once the law takes effect.

An estimated 4,200 abortions took place in Iowa in 2023, which includes medication and surgical abortions, according to the Guttmacher Institute.

The majority of abortions in Iowa happened after six weeks of gestation in 2021, according to the Centers for Disease Control and Prevention. More than half the 3,761 abortions reported by known gestational age were performed from seven to 13 weeks gestation, and about 5 percent at 14 weeks or later, while 44 percent were obtained at six weeks or earlier.

Richardson told reporters last week that Planned Parenthood providers in Iowa will continue to legally provide abortion services until embryonic cardiac activity can be detected, with no plans to reduce staffing.

Planned Parenthood closed clinics in Cedar Falls, Council Bluffs and the south side of Des Moines last year while expanding abortion services at many of its remaining locations in response to staffing shortages and increased costs.

Richardson said Planned Parenthood is in the process of expanding its health centers in surrounding states, including in Omaha, Neb., and Mankato, Minn. Both states allow for more legal access to abortion.

Leah Vanden Bosch, development and outreach director at Iowa Abortion Access Fund, said the fund is committed to helping Iowans access abortion care and has partnered with the Chicago Abortion Fund to provide financial support to Iowans seeking abortion care.

Comments: (319) 398-8499; tom.barton@thegazette.com