Though the near-total ban was expected to go into effect Friday, last-minute legal action from Planned Parenthood means the ban is still on hold for a little longer.
Iowa’s near-total abortion ban is still on hold, meaning abortion is still legal in Iowa up to 21 weeks.
Though the Iowa Supreme Court in June dissolved the injunction on the 2023 ban, the block wasn’t lifted immediately because of Iowa court rules. Friday, July 19 would have been the earliest day it would have gone into effect.
Before then, Planned Parenthood North Central States, ACLU of Iowa, the Emma Goldman Clinic, and Dr. Sarah Traxler petitioned for the Court to rehear the case and to reconsider their decision to lift the temporary injunction.
On Monday, the Iowa Supreme Court denied the request, and issued an order to the District Court that it dissolve the injunction. This means the near-total ban, which bans abortion before most people know they’re pregnant, will likely go into effect this week.
On Friday, July 19, Planned Parenthood also had a meeting with Judge Jeffrey Farrell, the district court judge assigned to the case, about how he should proceed if the case is returned to him.
Peter Im, the attorney for Planned Parenthood, asked that Farrell provide a few days’ notice about the ban going into effect. Im said this would give patients more time to figure out what to do.
“We have a concern about a lack of notice, potentially causing medical issues for patients,” Im said. “And we also certainly wouldn’t want any docketing delays to cause any notice concerns, because although we could certainly inform our clients, this ruling could also affect hospitals and medical providers throughout the state and particularly people treating patients in emergency situations.”
Farrell agreed saying, “I don’t think the Supreme Court expects me to drop everything I’m doing at the moment to dissolve it right then.”
More legal action
The legal action isn’t over, either. Planned Parenthood’s case about the law includes three main arguments, and only two have been decided by the Iowa Supreme Court. The third argument is that the ban violates the Iowa Constitution’s guarantees for equal protection and “inalienable rights.”
Farrell said when the Court is done with the case, he’ll start work on scheduling a trial to hear arguments about any remaining questions.
Planned Parenthood is also considering challenging the Iowa Board of Medicine’s rules. Iowa OB-GYNs have said the rules are not clear enough to give them guidance about doing their jobs.
UPDATE: Mon. July 22, 1:30 p.m. with the Iowa Supreme Court’s decision to rehear the case.
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