In rare 3-3 decision, Iowa Supreme Court declines to reinstate law largely banning abortion

[In It to Win It]

In rare 3-3 decision, Iowa Supreme Court declines to reinstate law largely banning abortion


OPINION

DES MOINES, Iowa (AP) — Abortion will remain legal in Iowa after the state's high court declined Friday to reinstate a law that would have largely banned the procedure, rebuffing Republican Gov. Kim Reynolds and, for now, keeping the conservative state from joining others with strict abortion limits.

In a rare 3-3 split decision, the Iowa Supreme Court upheld a 2019 district court ruling that blocked the law. The latest ruling comes roughly a year after the same body — and the U.S. Supreme Court — determined that women do not have a fundamental constitutional right to abortion.

The blocked law bans abortions once cardiac activity can be detected, usually around six weeks of pregnancy and before many women know they are pregnant.

Writing for the three justices who denied the state's request to reinstate the law, Justice Thomas Waterman said granting that request would mean bypassing the legislature, changing the standard for how the court reviews laws and then dissolving an injunction.

“In our view it is legislating from the bench to take a statute that was moribund when it was enacted and has been enjoined for four years and then to put it in effect,” Waterman wrote.

Link to tweet

[raging moderate]

1. Good that the Iowa Supreme Court blocked this ignorant change.

The change was based on ignorance of the actual physical facts. What is called "around six weeks of pregnancy" is actually only about FOUR weeks of pregnancy, since it has been customary to start the count at the first day of the woman's previous period, but we now know that ovulation and fertilization do not occur until two weeks later. Also, recent studies show that the "cardiac activity" was not actually heart activity, and that there is no heart at that point. We need to spread these facts, because many people are afraid to allow abortion at a point when they think the embryo has all these functioning organs and sentience.

[LiberalFighter]

8. We all need to be educated more.

I doubt the general public has any idea about the ovulation and fertilization process. I would say that unless the person is an OBGYN I doubt anyone has an idea. Even some of them likely don't.

This needs to be publicized more.

[rurallib]

2. I am expecting Corporate Kim will call a special session of the legislature

to ban abortions.

I bet she is really pissed off at the SC right now.
She picked 5 of the 7 and Branstad picked the other 2

[IA8IT]

4. Time to fire up the "Out Of State Hate" buses again!!

We got judges that need to be judged evil and voted out..... Stinking Louie Gohmert, Steve King, and repubicans started a stampede of the stupid ejecting three supreme court after same sex marriage ruling.

I want my Iowa back!!

[rsdsharp]

3. I'm shocked that Mansfield and Waterman voted against Kimmy.

[rurallib]

5. you sure ain't the only one

I stopped in the middle of my tracks when I heard this on the radio

[rsdsharp]

7. I am very disappointed in Matt McDermott, but I guess I shouldn't be.

[rurallib]

6. Iowa starting Line has a great article on this decision

Corporate Kimmy is pissed off:

“To say that today’s lack of action by the Iowa Supreme Court is a disappointment is an understatement,” Reynolds said in a release, adding she believed there was “no fundamental right to abortion” in Iowa or US law.

“But the fight is not over,” she continued, noting she and others were “reviewing our options in preparation for continuing the fight.”

https://iowastartingline.com/2023/06/16/iowa-lawmakers-react-to-decision-that-keeps-abortion-legal/.