Iowa's Abortion Laws: Triggered By Supreme Court Decision?

The U.S. Supreme Court's decision to overturn Roe v. Wade has paved the way for individual states to determine their abortion laws. Unlike its neighbouring states of Missouri, North Dakota, and South Dakota, Iowa does not have a trigger law that would immediately ban abortions. However, the state's Supreme Court has ruled that the Iowa Constitution does not protect the fundamental right to an abortion, allowing new restrictions to be enforced and potentially clearing the way for a future ban.

Iowa does not have a trigger law

The U.S. Supreme Court's decision to overturn Roe v. Wade does not immediately change Iowa's laws, but it does allow state lawmakers to pass and enforce more restrictions on abortion. The decision clears the way for anti-abortion lawmakers in Iowa to pass new restrictions on the procedure without courts blocking them.

Iowa does not have a so-called trigger law, meaning that the state legislature would have to reconvene to ban or further restrict abortion. In the absence of a trigger law, the Iowa Legislature would need to pass a ban, and Governor Kim Reynolds would need to sign it.

The Iowa Supreme Court recently overturned a ruling that provided strong state-level protections for abortion rights, and the court did not decide on the new level of protection. This, in combination with the U.S. Supreme Court's decision, means that the door is open for more abortion restrictions in Iowa.

While abortion remains legal in Iowa for now, Republican leaders in the state have long called for additional abortion restrictions, and there is the potential for major changes in the legal landscape.

The state Supreme Court ruled abortion is not a fundamental right

On June 24, 2022, the Iowa Supreme Court ruled that abortion is not a fundamental right in the state, clearing the way for lawmakers to further limit or ban abortion. This ruling reversed a 2018 decision by the same court that guaranteed the right to the procedure under the Iowa Constitution.

The 2022 ruling came as a result of a lawsuit filed by abortion providers who challenged a 2020 law that required a 24-hour waiting period before a woman could get an abortion. The state Supreme Court returned the waiting period case to the district court, stating that it would allow the waiting period requirement to take effect, at least in the short term.

The Iowa Attorney General's Office clarified that the waiting period would not kick in until 21 days after the ruling. However, Planned Parenthood, the largest provider of abortions in Iowa, adopted a 24-hour waiting period for abortions following the state court decision.

The 2022 ruling by the Iowa Supreme Court was the second major blow to Iowa abortion protections that month. It followed the U.S. Supreme Court's decision to overturn Roe v. Wade, the landmark 1973 case that established a constitutional right to abortion.

The Iowa Supreme Court's ruling that abortion is not a fundamental right in the state opened the door for more abortion restrictions. While abortion remains legal in Iowa, Republican leaders in the state have long called for additional restrictions, and there is potential for major changes in the legal landscape.

The future of abortion rights in Iowa remains uncertain, with the possibility of further restrictions or a ban on abortion.

The future of abortion rights in Iowa is uncertain

On June 24, 2022, the U.S. Supreme Court overturned Roe v. Wade, the nearly 50-year-old decision that established a constitutional right to abortion. This ruling allows states to decide how much they want to restrict abortion. While several states, including Iowa's neighbors Missouri and South Dakota, have passed "trigger laws" to immediately ban abortion, Iowa does not currently have such a measure in place.

However, the Iowa Supreme Court's recent ruling that the state constitution does not protect a fundamental right to abortion has cleared the way for state lawmakers to pass and enforce more restrictions. This decision overturned the court's own 2018 precedent, which had guaranteed the right to abortion under the Iowa Constitution.

The two court rulings together have significant implications for abortion rights in Iowa. While abortion remains legal in the state, up to 20 weeks of pregnancy, the absence of a trigger law means that any further restrictions or a ban on abortion would require the Iowa Legislature to reconvene and pass new legislation.

Iowa's Republican Governor, Kim Reynolds, has long promised to further restrict abortion in the state. She has released statements celebrating the Supreme Court's decision and expressing her commitment to protecting "every unborn Iowan." However, she has not revealed specific plans or commented on possible exceptions to abortion restrictions. The next regular legislative session is scheduled to begin in January 2023, but Governor Reynolds has the power to call for a special session earlier if she chooses.

While the future of abortion rights in Iowa remains uncertain, Republican leaders in the state have indicated their intention to further limit or ban abortion. The specific plans and the timing of their implementation are yet to be determined.

The Iowa Constitution does not protect the fundamental right to an abortion

On June 17, 2022, the Iowa Supreme Court ruled that abortion is not a fundamental right protected by the state constitution, overturning its own 2018 precedent. This decision reversed a lower court ruling that had provided strong protections for abortion rights at the state level. The Iowa Supreme Court's ruling now clears the way for state lawmakers to pass and enforce more restrictions on abortion.

The Iowa Supreme Court's decision came in response to a lawsuit filed by abortion providers challenging a 2020 law that required a 24-hour waiting period before a woman could obtain an abortion. The state Supreme Court returned the case to the district court for reconsideration, allowing the waiting period requirement to take effect, at least in the short term.

The Iowa Supreme Court's decision is a significant shift from its 2018 decision, where the court, by a vote of 5-2, stated that "autonomy and dominion over one's body go to the very heart of what it means to be free." However, the 2022 court, now composed almost entirely of Republican appointees, concluded that abortion is not among the fundamental privacy rights guaranteed by the Iowa Constitution and federal law.

The reversal reflects a dramatic change in the court's makeup. Governor Kim Reynolds has appointed four justices to the court since 2017, and six of the seven people on the court were appointed by Republican governors. The court's ruling was not unanimous, with the only Democratic appointee, Justice Brent Appel, writing a dissenting opinion stating that "the right to reproductive autonomy should not be eviscerated by narrow textualism." Chief Justice Susan Christensen also disagreed with overturning the 2018 decision, stating that since the Iowa Legislature has begun the process of amending the Iowa Constitution to say abortion is not a fundamental right, the people should decide the issue.

The Iowa Supreme Court's decision, along with the U.S. Supreme Court's overturning of Roe v. Wade, opens the door for more abortion restrictions in Iowa. While abortion remains legal in Iowa, lawmakers can now mobilize to pass additional restrictions or a ban. The Iowa Legislature would need to reconvene to ban or further restrict abortion as the state does not have a "trigger law" that would immediately ban abortion upon the overturning of Roe v. Wade.

The Iowa Supreme Court overturned a previous ruling

On June 17, 2022, the Iowa Supreme Court overturned a previous ruling from 2018, stating that the Iowa Constitution does not provide a right to an abortion. This decision overturned the court's earlier ruling that established a constitutional right to abortion in the state. The ruling was made in a lawsuit brought by Planned Parenthood challenging a 24-hour waiting period law before individuals could get abortions in Iowa.

The Iowa Supreme Court's decision stated that the state constitution "is not the source of a fundamental right to an abortion." This ruling reversed the court's previous position, which had guaranteed the right to the procedure under the Iowa Constitution. The court's decision paved the way for lawmakers to impose further restrictions or even ban abortion in the state.

The ruling was influenced by the shift in the court's ideological composition since 2018, with Governor Kim Reynolds appointing four new justices to the bench, out of a total of seven. This shift resulted in a more conservative court, which aligned with the state's Republican leadership, who had long advocated for additional abortion restrictions.

While abortion remains legal in Iowa as of June 24, 2022, the combination of the Iowa Supreme Court's ruling and the U.S. Supreme Court's decision to overturn Roe v. Wade opened the door for more restrictions on abortion in the state. The absence of a "trigger law" in Iowa meant that the state legislature would need to reconvene to ban or further restrict abortion.

The future of abortion rights in Iowa remains uncertain, with Republican leaders aiming to introduce additional restrictions. However, as of June 24, 2022, abortion was still legal in the state, and Planned Parenthood affirmed its commitment to providing abortion care in Iowa as long as it remains legal.

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