Court puts hold on new abortion restrictions

DES MOINES - Activists opposed to abortion rights cheered Gov. Terry Branstad as he signed new restrictions into law Friday, but the Iowa Supreme Court granted an emergency injunction against enforcing some of the limits including a three-day waiting period.

At a Capitol ceremony, Branstad told the advocates 'it is an honor, it is a privilege, for me to sign this bill.” He said the measure, Senate File 471, would protect the unborn by banning abortions after 20 weeks of pregnancy and empower women to make informed decisions by requiring ultrasounds of an unborn child and a 72-hour waiting period for abortions at any stage of pregnancy.

'I've been fighting for the unborn since I ran for the Legislature in 1972 and I've not stopped,” Branstad told the group. 'I think this year was really a banner year for the pro-life movement. History was made this session. The pro-life movement is making significant strides in changing the hearts and minds of Iowans to return to a culture that once again respects human life.”

Not far away at the Iowa Judicial Building, paperwork was being filed by attorneys for Planned Parenthood and the American Civil Liberties Union asking the state Supreme Court to reverse a decision a day earlier by Polk County Judge Jeffrey Farrell rejecting their request to halt implementation of the law until the matter can be decided at trial.

'Victory,” Rita Bettis, legal director of the ACLU of Iowa, declared in an email Friday morning after the justices granted the emergency request.

'This order immediately and temporarily blocks the challenged provisions of the law: the 72 hour minimum waiting period and medically unnecessary additional appointment,” she said. 'This means women scheduled to have abortion procedures today will be able to receive care as scheduled.”

In his order, Justice David Wiggins denied a request to enjoin the governor from signing the bill, but granted a temporary injunction staying enforcement of the three-day waiting period under the full court could consider the matter. He gave the state until noon Monday to respond, after which 'the court will then consider whether the injunction should remain in force pending this court's resolution of appellants' application for interlocutory appeal.”

Attorneys for Planned Parenthood and the ACLU argued the stay was needed because women who had existing appointments to obtain abortions were immediately restrained from getting them according to their scheduled appointments. That affected 44 patients slated for procedures Friday, including 33 medication abortion patients, attorneys said.

Planned Parenthood clinics also had 11 medication abortion patients scheduled for Tuesday and 28 for Wednesday, including 19 medication abortion patients.

The law Branstad signed 'requires that women in the state make an additional and medically unnecessary trip to a health center to have an ultrasound and be given certain state-mandated information regarding the abortion procedure, at least 72 hours before they can obtain abortions,” according to documents filed by challenging attorneys.

'The act thus imposes a medically unnecessary mandatory delay,” they argued, adding that physicians who violate the mandatory delay and additional trip requirements are subject to discipline.

Branstad told reporters he was encouraged by the district judge's swift decision the day before, saying 'it's pretty unusual that someone would bring a legal challenge before a bill is even signed, but I think the district judge did the right thing. I believe that the law, which is similar to ones that have approved in other states, hopefully will be upheld by the courts.”

Bob Vander Plaats of the Family Leader organization applauded the legislation but said the ultimate goal for the coalition of Iowa groups is to protect unborn life at conception.

'It's a big step forward in protecting the sanctity of human life,” said Vander Plaats. 'The 20-week ban is not the gold standard that we're looking for. We're still looking for life at conception or a trigger bill or a heartbeat bill, but this is a big step. It's a historic day in the state of Iowa and a day we need to celebrate.”

l Comments: (515) 243-7220; rod.boshart@thegazette.com.