Senate Pulls Ultrasound/72-Hour Bill In Favor Of Constitutional Approach

By Pat Rynard

February 20, 2020

The Senate Republican effort to implement mandatory ultrasounds 72 hours before an abortion may be finished for this legislative session. Sen. Brad Zaun made the decision known this afternoon at a meeting of the Senate Judiciary Committee, the last gathering of the committee before the first legislative funnel ends this week.

Zaun told reporters afterward that Republicans had decided to forgo bills like his in favor of focusing on their amendment to the Iowa Constitution that states abortion is not a protected right.

“I wouldn’t say the issue is done for this year, there are other vehicles that could be used later in the session, but at this time, I, as well as others, thought that our focus should be on the constitutional amendment that Iowans get to weigh in on,” Zaun said.

The Senate passed their part of the constitutional amendment last week on a 32-18 party line vote. Republicans have been laser-focused on finding ways to restrict or ban abortion outright since taking full control of the Statehouse in 2017. Several of those attempts were struck down by the Iowa Supreme Court, so Republicans have now changed their focus to major judicial reform efforts and a constitutional approach.

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Zaun, however, felt that his bill and that plan weren’t the same.

“These are really two separate issues,” Zaun said. “You’re assuming that the constitutional amendment will get passed by the House this session, and then also you’re assuming in the next two years, which would allow it to be on the ballot … The court makeup has changed, so I think there is obviously, the legislation I’d proposed, would probably be challenged in court.”

Zaun was referring to how Gov. Kim Reynolds has appointed three new Supreme Court justices in recent years and will soon have another pick.

But that path is uncertain. Republican efforts to ensure the Iowa Supreme Court can’t strike down abortion restriction bills is seen largely as a precursor to accomplish their goals, whether it be a reversal of abortion rights at the national or state level. Follow-up legislation would still need to be passed. Zaun’s bill this year may yet suffer the same fate as a previous 72-hour waiting period bill, which was overturned by the Supreme Court in 2018.

Pro-choice activists have rallied this year to push back once again on Republican attempts to restrict women’s ability to control their own reproductive rights. This bill would have mandated that doctors perform an ultrasound on women seeking an abortion, describe the fetus to the woman, and let her listen to a heartbeat, if detectable, of the fetus before going through with the procedure.

The constitutional amendment still needs the House’s approval, as well as another passage by both chambers sometime in 2021 or 2022 once a new legislative body is elected and installed. Then it would go before voters.

The best way to stop Republicans’ attempt to outlaw or restrict abortion in its tracks is to elect a Democratic majority to the Iowa House in this year’s November elections.

 

by Pat Rynard
Posted 2/20/20

  • Pat Rynard

    Pat Rynard founded Iowa Starting Line in 2015. He is now Courier Newsroom's National Political Editor, where he oversees political reporters across the country. He still keeps a close eye on Iowa politics, his dog's name is Frank, and football season is his favorite time of year.

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