Iowa’s new abortion restrictions not yet on the books as legal maneuvers continue

DES MOINES — New restrictions on abortions are not yet in effect in Iowa as legal procedures remained pending Friday.

Meantime, a lower court judge on Friday indicated his willingness to provide wait multiple days before taking action on a legal challenge to the state’s new abortion law.

Iowa District Court Judge Jeffrey Farrell on Friday, during a virtual meeting with lawyers, discussed future legal proceedings in the case involving the law that will ban abortions in Iowa once cardiac activity can be detected.

The law was passed by statehouse Republicans in July 2023 but had been halted by a district court order while legal challenges worked through the courts.

Ultimately, the Iowa Supreme Court on June 28 ruled the law is constitutional and ordered the lower court to dissolve the injunction and allow the law to go into effect.

On July 11, though, plaintiffs in the case filed a request that the Iowa Supreme Court, asking it to rehear the case.

Farrell cannot dissolve the injunction and allow the law to go into effect until the Supreme Court rules on that request, which it had not as of Friday afternoon.

Sally Frank, a law professor at Drake University, said it is rare for the court to grant such requests.

Farrell told lawyers during their virtual meeting Friday afternoon that he anticipates the Supreme Court will reject the request for a rehearing.

He then asked lawyers if they had any requests regarding the timing of his dissolving the injunction and allowing the law to go into effect.

Peter Im, a lawyer for the Planned Parenthood Federation of America, asked Farrell for multiple days’ notice before the injunction is dissolved. Im said such notice would help patients and health providers who are working through currently scheduled appointments.

Farrell told the lawyers that he considered the request “reasonable.”

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The new Iowa law bans abortions once cardiac activity can be detected, which typically is around the sixth week of pregnancy — often before a woman is aware of being pregnant. Advocates for abortion access say the law effectively will ban the vast majority of abortions in Iowa.

Until the new restrictions go into effect, abortion is legal in Iowa until roughly the 20th week of pregnancy.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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