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Reproductive-rights advocates seek to block newly passed abortion ban [1]

['Kathie Obradovich', 'More From Author', '- July']

Date: 2023-07-12

Within 12 hours after an expansive ban on abortions passed the Iowa Legislature, the bill was facing a court challenge from a group of reproductive-rights advocates seeking to block the bill before it takes effect.

The Legislature late Tuesday passed House File 732, which would ban most abortions after about six weeks of gestation. Gov. Kim Reynolds announced she plans to sign the bill at 2:15 p.m. Friday, and it will take effect immediately.

Planned Parenthood of the Heartland, the Emma Goldman Clinic and ACLU of Iowa announced Wednesday morning they have filed a challenge in district court in an effort to prevent the law from taking effect on a temporary basis and while litigation is pending. A hearing is scheduled for 1:30 p.m. Friday, Rita Bettis Austen, legal director for ACLU of Iowa, said during a news conference Wednesday. District Judge Joseph Seidlin will preside over the hearing.

Austen stressed that the plaintiffs are not trying to stop Reynolds from signing the bill, but they seek to prevent it from being enforced once it’s enacted. It is uncertain how long the law might be in effect before a judge decides whether to grant an injunction.

“But what we certainly hope (is) that the courts in this case understand the urgency of the relief,” Peter Im, lawyer for Planned Parenthood Federation, said during the news conference.

Im noted the petition was filed Wednesday and a hearing was already scheduled for Friday. “And so I think that indicates the courts understand that it’s important to hear this case quickly,” he said.

The new law could affect hundreds of patients. As an example, Im said Planned Parenthood and Emma Goldman clinics had 200 patients scheduled for appointments the week of July 10 and July 17.

He didn’t offer details about what clinics are telling patients who have appointments Friday afternoon, but said, “We are fully hoping for relief from the court and we’re hoping that we won’t have any interruption in providing care, but certainly we acknowledge that it’s a possibility.”

“We are seeking to block the ban because we know that every day this law is in effect, Iowans will face life-threatening barriers to getting desperately needed medical care — just as we have seen in other states with similar bans,” Austen said.

The legislation is nearly identical to a 2018 law that the Iowa Supreme Court found unconstitutional and permanently blocked from taking effect. It would ban most abortions after embryonic cardiac activity can be detected through an ultrasound, usually after six weeks of pregnancy. The bill contains narrow exceptions for rape and incest, or for procedures needed to save the patient’s life.

“The Act bans abortions at a stage at which many people do not yet know they are pregnant, and even those who do know may not have had time to make a decision about whether to have an abortion, research their options, and schedule appointments at a health center, not to mention overcoming the logistical and financial obstacles required to travel to a health center for an abortion,” the petition states.

The plaintiffs will argue that the law, if enacted, would “violate Iowans’ constitutional rights to abortion and substantive due process,” ACLU of Iowa said in a press release. The organization also asserted the bill violates the Inalienable Rights Clause in the Iowa Constitution, which “explicitly guarantees those rights to women and guarantees equal protection under the law.”

More than 90% of the abortions performed at Planned Parenthood clinics and Emma Goldman happen after six weeks of gestation, according to the petition. The two clinics provided about 4,000 abortions in 2022,

“If this abortion ban goes into effect, it will place an unacceptable burden on patients’ ability to access essential abortion care, especially those who already face systemic inequities. Hundreds of Iowans will be impacted in mere weeks. We refuse to stand idly by and will fight every step of the way to block this abortion ban and restore Iowans’ rights,” Ruth Richardson, president and CEO of Planned Parenthood of North Central States, said in a news release.

“We also know that this abortion ban will disproportionately affect already marginalized communities, those who cannot afford to travel to another state for care and it will serve to widen already persistent and unacceptable health inequities for people of color, people with disabilities, people in rural areas, young people and people with low incomes,” Richardson said.

She said Planned Parenthood would “continue providing abortion care in Iowa within the legal guidelines,” if the law takes effect. People who called Planned Parenthood seeking services are connected to a patient navigator if they need assistance, such as travel or child care.

“Our abortion patient navigators will also continue to connect patients in Iowa with the resource resources that they need to get to appointments wherever they may be. We’re committed to helping patients be seen in places that are accessible, whether that’s Nebraska, Minnesota, or a state outside of our affiliate.”

Reynolds asked the Iowa Supreme Court to reconsider the 2018 law after Roe v. Wade was overturned and the Iowa high court decided there is no right to abortion in the state constitution. However, the Iowa court, split 3-3, kept the injunction in place, prompting Reynolds to call a special session to pass the same legislation again.

Justice Thomas Waterman, writing for the three justices on the prevailing side, found that the state’s

“undue burden” standard for reviewing abortion laws remains in place, although he acknowledged that could change. The 2018 law remains unconstitutional under that standard, which means abortion laws cannot create excessive hurdles in procuring access to abortion without serving a legitimate public interest.

“The Iowa Supreme Court questioned whether this legislature would pass the same law they did in 2018, and today they have a clear answer. The voices of Iowans and their democratically elected representatives cannot be ignored any longer, and justice for the unborn should not be delayed,” Reynolds said in a statement released after the bill was passed Tuesday.

Asked for a comment about the new court challenge, her office reiterated that statement.

Reynolds announced Wednesday that the bill will be signed during the Family Leadership Summit, a daylong conference hosted by the religious conservative organization Family Leader. The event also features speeches by six GOP presidential candidates.

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