Governor moves quickly on Iowa abortion laws

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AG Miller's office withdraws from abortion waiting-period case

PCC STAFF

DES MOINES - Less than two weeks after the U.S. Supreme Court reversed the country's direction on abortion, Iowa Gov. Kim Reynolds put two legal contests in place to challenge current Iowa law on abortions performed in the state.

First, Reynolds is urging the Iowa Supreme Court to rehear Planned Parenthood v. Reynolds (PPH IV) in light of the recent U.S. Supreme Court and Iowa State Supreme Court actions.

The governor will be filing for that rehearing by a Friday deadline.

The governor is also requesting that the Iowa courts lift the injunction against enforcement of Iowa's fetal heartbeat law, essentially banning abortion after six weeks. 

According to a release from the governor's office Tuesday, in 2018, the legislature passed and Reynolds signed a law outlawing abortion at six weeks, when the baby’s heartbeat can first be detected. A Polk County district court judge enjoined that law, prohibiting Iowa officials from enforcing it, based upon the Iowa Supreme Court’s 2018 ruling in PPH II where the Court erroneously created a fundamental right to abortion. Because the Iowa Supreme Court has now overruled that 2018 ruling and rejected the “strict scrutiny” standard it adopted. Gov. Reynolds will ask the district court to lift the injunction against the heartbeat law.  

“Now is the time for us to stand up and continue the fight to protect the unborn,” Gov. Reynolds said. “The Supreme Court’s historic decision reaffirms that states have the right to protect the innocent and defenseless unborn—and now it’s time for our state to do just that. As governor, I will do whatever it takes to defend the most important freedom there is: the right to life.” 

While this litigation moves forward to protect the unborn, Iowa’s ban on abortions after 20 weeks is still in effect. 

Iowa Attorney General Tom Miller issued a statement following Reynolds' release saying he was withdrawing from the waiting period case, saying he morally couldn't represent the state's interest.

"Our office is withdrawing from the case involving the 24-hour waiting period, or House File 594, for ethical reasons. I have made many clear public statements supporting Roe v. Wade and the rationale that underlies it. Those statements would be inconsistent with what the state would argue in court. I support the undue burden standard that the U.S. Supreme Court set forth in Planned Parenthood v. Casey. The 24-hour case has now moved to a point in which I doubt that I can zealously assert the state's position. The question now before the Iowa Supreme Court is whether the rational basis test should apply to abortion regulations. I believe that standard would have a detrimental impact on women’s reproductive rights, health care, and our society. Therefore, I am disqualifying myself pursuant to Iowa Code section 13.3.

"This decision is consistent with my disqualification in the fetal heartbeat case in 2018. In that case, I stated that I could not zealously assert the state's position because of my core belief that the statute, if upheld, would undermine rights and protections for women. In my nearly 40 years in office, I have declined to represent the state in only one other similar situation. I do not take lightly my responsibility to represent the state."

abortion, Gov. Kim Reynolds, iowa, Iowa Supreme Court, Pen City Current, rulings, Tom Miller, U.S. Supreme Court

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