By O. Kay Henderson (Radio Iowa)
A ban on most abortions in Iowa is now on hold.
A Polk County district court judge has issued a temporary injunction that blocks enforcement of the abortion restrictions that Governor Reynolds signed into law Friday.
Sharon Wegner, a staff attorney for the American Civil Liberties Union of Iowa, which is representing two abortion providers challenging the law. “This decision was incredibly important because it means that, for now, abortion in Iowa remains safe and legal,” she said during an online news conference late this afternoon. “…We know Iowans stand with us in wanting to protect abortion rights and keep politicians out of doctor-patient decision making.”
The legislature met in a one-day special session last Tuesday and passed a bill to ban most abortions after cardiac activity can be detected, which is around the sixth week of pregnancy.
“This law bans abortion before many people know that they are pregnant,” Wegner said, “…and as such it violates the state constitution under the ‘undue burden’ standard that the Iowa Supreme Court has made clear is the governing standard for now.”
In a written statement, Governor Reynolds said the “abortion industry is trying to thwart the will of the people: who elected her and the Republican majorities in the legislature. Reynolds said she will fight this case “all the way to the Iowa Supreme Court,” where Reynolds said she expects “a decision that will finally provide justice for the unborn.”
Ruth Richardson, president and CEO of Planned Parenthood of North Central States, told reporters her staff made hundreds of phone calls late last week to reschedule abortion appointments.
“While we know that the state may seek an appeal, we are proud to resume services for our patients and provide patient outreach to help break through the manufactured chaos that is our new normal,” she said.
The injunction was issued Monday afternoon. Iowa law currently requires a 24 hour waiting period for abortions, so Wednesday is the earliest that elective abortions can be scheduled.
Polk County District Court Judge Joseph Seidlin said the ban on most abortions created “irreparable harm,” but his ruling also allows the Iowa Board of Medicine to start writing rules to enforce the ban. Seidlin wrote that there are “honorable and intelligent people…on both sides of this upsetting societal and constitutional dilemma.”
