Iowa Gov. Kim Reynolds (R) |
The law contains exceptions for rape, incest, and when the mother's life is in danger.
Reynolds called the Iowa General Assembly to a special session last week in response to a 3-3 decision from the Iowa Supreme Court (one justice recused herself). The court chose not to reinstate a nearly identical law passed in 2018, despite a new precedent finding Iowa's constitution does not contain a fundamental right to abortion.
Justice Thomas Waterman wrote on behalf of the justices who voted against reinstating the 2018 law, "In our view it is legislating from the bench to take a statute that was moribund when it was enacted and has been enjoined for four years and then to put it in effect." He continued that Iowa could enforce an identical law if it were passed today. That is exactly what Gov. Reynolds accomplished with the special legislative session.
In her remarks at the signing ceremony, Gov. Reynolds said,
"While half the bench expressed the opinion that the court had 'failed the parties, the public and the rule of law' by refusing to decide the case, the other three justices engaged in pure political rhetoric, comparing an unborn child to trash and declaring the fetal heartbeat law to be no law at all, only a 'hypothetical law.'
They also expressed their uncertainty that such a law would be passed today post-Roe, as if the politics of the day would change our view on life.
They were wrong.
This week, in a rare and historic special session, the Iowa legislature voted for a second time to reject the inhumanity of abortion and pass the fetal heartbeat bill."
Planned Parenthood and the ACLU filed a challenge to the law on July 12 after successful votes in Iowa's House and Senate. The groups asked Polk County District Judge Joseph Seidlin to issue a temporary injunction preventing Iowa from enforcing the new law. A decision on whether to issue an injunction is expected this week.