Iowa Supreme Court justices. (file photo, screen capture from court video)
The Iowa Supreme Court has declined to remove the injunction against the 2018 law that would limit abortion once a fetal heartbeat is detected. Abortion will remain legal up to 20 weeks of pregnancy.
Chief Justice Susan Christenson and Justices Thomas Waterman and Edward Mansfield voted against removing the injunction. Justices Christopher McDonald, Mathew McDermott and David May voted to remove the injunction, while Justice Dana Oxley did not vote. The 3-3 tie leaves the injunction in place.
Justice Waterman wrote the ruling was never appealed when it was enacted, and the law was not legal at the time it passed before the Supreme Court’s ruling that abortion is not a right, and those are important reasons to deny the appeal.
Justice McDonald wrote for the other side — saying that it is almost universally accepted that courts have inherent authority to modify or dissolve a permanent injunction based on changes in fact or law without regard to the passage of time.
Maggie DeWitte of Pulse Life Advocates, formerly Iowa Right to Life, had this reaction to the decision. “Profoundly disappointed. You know, we already passed a heartbeat bill once. And that law would have saved an estimated 2000 Iowans lives every year,” she says. DeWitte says the recent election the kept Republicans in control of all branches of state government showed Iowans support the bill.
“We affirmed that decision by reelecting our governor, and a legislature that’s, you know, committed to protecting innocent children in the womb. And so it’s it’s very disappointing. You know, lawmaking is the job of the people’s elected representatives, and not unelected judges,” DeWitte says.
There is the possibility that the governor could call a special session to pass the bill again. “I would be supportive of that, the quicker that we can get the next step going in terms of saving innocent human lives, we would be supportive of that 100 percent,” she says. DeWitte says the overturning of the U.S. Supreme Court decision making abortion legal one year ago has opened the door to move forward, and they will continue to work on ending abortion.
“We have a long ways to go. And that’s why groups like Pulse Life Advocates and others in the life community are working every day tirelessly to change hearts and minds,” DeWitte says. “And it goes back to the simple idea that all human life is valuable and dignity and therefore should be protected.”
Planned Parenthood will hold a news conference this afternoon to respond to the ruling.
Here are statements from Republican and Democratic leaders on the Supreme Court decision:
Republican Governor Kim Reynolds:
“To say that today’s lack of action by the Iowa Supreme Court is a disappointment is an understatement. Not only does it disregard Iowa voters who elected representatives willing to stand up for the rights of unborn children, but it has sided with a single judge in a single county who struck down Iowa’s legislation based on principles that now have been flat-out rejected by the U.S. Supreme Court. There is no fundamental right to abortion and any law restricting it should be reviewed on a rational basis standard – a fact acknowledged today by three of the justices. Still, without an affirmative decision, there is no justice for the unborn. But the fight is not over. There is no right more sacred than life, and nothing more worthy of our strongest defense than the innocent unborn. We are reviewing our options in preparation for continuing the fight.”
Republican Senate Majority Leader Jack Whitver:
“I disagree with the Supreme Court’s opinion today. Their decision a year ago, correctly overturning the 2018 decision, should reasonably be considered a substantial change in the law and the injunction should have been lifted. Senate Republicans have a consistent record of defending life, including the passage of the Heartbeat Bill. We will work with Governor Reynolds and the House to advance pro-life policies to protect the unborn.”
Republican Speaker of the House Pat Grassley:
“I’m extremely disappointed in the Supreme Court’s opinion today. We feel strongly that the Heartbeat Bill is a good piece of legislation that would save the innocent lives of unborn children. Going forward we will work together to pass legislation that will protect life, support new mothers, and promote strong families in Iowa.”
Attorney General Brenna Bird’s Statement:
“I am disappointed that the Iowa Supreme Court today did not decide the Heartbeat law case. Due to the tie, the district court decision is allowed to stand. There is no right more valuable than the right to life. I will keep fighting to protect the unborn.”
House Democratic Leader Jennifer Konfrst:
“Today’s ruling from the Iowa Supreme Court means Iowans still have the reproductive freedom they want and deserve. It’s simple: people over politics. Politicians and judges have no place interfering in someone else’s decision about when to start a family. These decisions are deeply personal and the ability to make our own health care decisions is fundamental to our rights as individuals. This should be a wake-up call for the Governor and GOP lawmakers to start listening to Iowans, not just the special interests. Here’s the one truth that gives me hope and that Republicans refuse to acknowledge: an overwhelming majority of Iowans believe everyone deserves the right to make their own health care decisions, especially when it comes to reproductive care and abortion. While today’s ruling is a victory, I know the fight for reproductive freedom is far from over. Governor Reynolds and Republican politicians will never stop playing politics to strip away our rights. I’ll never stop fighting to protect the reproductive freedom of Iowans and put the Iowa people over politics.”
Iowa Democratic Party Chair Rita Hart’s statement:
“I am thrilled that the Iowa Supreme Court will not stand in the way of Iowans who need abortion care, especially when our friends and neighbors already have to navigate so many barriers to health care. Our job as Democrats going forward is to listen to the needs of our fellow Iowans and ensure that folks in every corner of the state can access the medical care they need, no matter where they live or what’s in their wallet. We’ve already seen miscarriage patients and sexual assault survivors denied the health care that they need to heal and go forward with their lives. I know this is not the end of the discussion, but I am glad that for today, Iowans can breathe a sigh of relief that their right to make their own health care decisions is protected under the law.”
Here’s the full ruling. Fetal Heartbeat ruling PDF