Judge refuses to block new Iowa abortion law

DES MOINES - A Polk County judge denied a request Thursday for an emergency injunction blocking provisions of new abortion restrictions from taking effect when Gov. Terry Branstad signs them into law Friday morning.

However, attorneys for Planned Parenthood and the American Civil Liberties Union said they expected to file an appeal with the Iowa Supreme Court as soon as they receive District Judge Jeffrey Farrell's written order in their hopes of halting implementation until the dispute can be decided at trial.

The judge issued a verbal ruling from the bench saying the plaintiffs failed to show the new law would create an undue burden by requiring a 72-hour waiting period for abortions at any stage of pregnancy. The bill passed by the GOP controlled Legislature this year, Senate File 471, also requires an additional clinic appointment for women seeking abortions that the challengers say is unnecessary.

The lawsuit - filed by the ACLU of Iowa and the Planned Parenthood Federation of America on behalf of Planned Parenthood of the Heartland - contends the measure contains provisions that are unconstitutional violations of women's equal protection and rights to legal abortion.

However, Branstad on Thursday praised the Legislature for passing the bill and a separate measure earmarking state money for family planning at clinics that do not provide abortions.

'I think this is something that a lot of Iowans have been looking for for a long time,” the governor said. 'I'm looking forward to signing the bill and I'm very hopeful that it will be upheld by the courts.” A signing ceremony is slated for 8:30 a.m., at the state Capitol building.

In arguing for the temporary injunction, Planned Parenthood attorney Alice Clapman said 44 women who had appointments at Iowa clinics would be adversely affected by the new law's mandatory three-day waiting period, and one woman already had to delay a two-hour medical procedure Thursday due to uncertainty over the law that would take effect upon the governor's signature. Another 11 women with medication abortions set for next Tuesday could now be in jeopardy of losing that option, she said.

'These are not speculative harms,” Clapman said in refuting some of the state's arguments against delaying implementation. She said the state's mandate of a three-day, two-trip delay would be 'irreversibly and severely” harmful for low-income clients and women facing abusive domestic situations.

'This is going to delay women for longer than 72 hours,” she said.

Clapman also noted there is no other medical procedure where the state mandates a similar waiting period.

However, Iowa Solicitor General Jeffrey Thompson of the state Attorney General's office argued the state has a legitimate responsibility in regulating medical provisions in Iowa, and that interest is served by the creation of an informed consent statute.

'There's never been a case like this” and therefore nothing in Iowa case law indicating SF 471 is invalid or unconstitutional, Thompson told the judge. Additionally, he said many of the barriers cited by the challengers were self-imposed by Planned Parenthood's business decisions, rather than created by the new law.

The lawsuit filed this week does not challenge a separate ban on abortions after 20 weeks of pregnancy that also is part of the measure.

Rita Bettis, ACLU of Iowa legal director, declined to discuss possible future action.

After the hearing, Suzanne de Baca, president and chief executive of Planned Parenthood of the Heartland, issued a statement expressing disappointment with Farrell's decision to deny the temporary injunction.

'While we have made the needed adjustments to ensure we are fully compliant with the new law, we hope the court will ultimately rule on the side of women and protect their continued access to this safe medical care guaranteed under the Iowa constitution,” de Baca said. 'We are still here for our patients, dozens of whose lives will be immediately impacted once Gov. Branstad signs this into law.”

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