Only three days after staff for Governor Kim Reynolds confirmed surgical abortions are among the “nonessential or elective surgeries” now prohibited in Iowa under a public health emergency proclamation, several groups went to court to block the governor’s action.
UPDATE: The ACLU of Iowa, Planned Parenthood, and the Emma Goldman Clinic filed suit to block this policy on March 30.
Governor Kim Reynolds temporarily banned surgical abortions in Iowa through her latest action on the state of public health disaster emergency caused by novel coronavirus (COVID-19), the governor’s office said on March 27.
Republican State Senator Brad Zaun has declined to clarify whether his proposed 72-hour waiting period for all abortions would also apply to people needing a common medical procedure after a miscarriage.
At a political forum in Grimes on February 21, Zaun told a constituent who asked about miscarriages that his bill calls for a “72-hour ultrasound before any abortion is performed.”
Bleeding Heartland user “Bill from White Plains” reviews what some Republican politicians said and did in connection with the proposed state constitutional amendment regarding abortion. -promoted by Laura Belin
March 3 was Planned Parenthood Day on the Hill, and I am sure many of you have been inundated with the genuine and sincere entreaties of friends and fellow members of Planned Parenthood and NARAL to reject the ill-conceived, ill-advised, unrepresentative bills you are herding toward passage regarding restrictions on procedures to terminate pregnancy.
I agree with all of them, and I know that you know these are real constituents with real concerns about private matters that most of you have never experienced, nor will ever experience.
Few political issues evoke stronger emotions than abortion. Hundreds of activists on both sides of the issue came to the state capitol on February 25, when the Iowa House held a public hearing on a proposed constitutional amendment that would make future abortion bans immune from court challenge.
More than three dozen people spoke at the hearing, some fighting back tears as they described the life experiences that led them to either support reproductive rights or advocate for restricting women’s choices.
Editor’s note from Laura Belin: Connie Ryan delivered this statement at the February 25 public hearing in the Iowa House regarding a proposed constitutional amendment stating that the Iowa Constitution does not protect any right to an abortion. Bleeding Heartland previously covered that legislation here and here and will be sharing several testimonies from the hearing.
I am Connie Ryan, Executive Director of the Interfaith Alliance of Iowa and Action Fund. We represent people of faith and no faith across Iowa who believe in a woman’s right to make her own healthcare decisions without the interference of the government.
I want to speak directly to Republican lawmakers. You are attacking the fundamental right of Iowa women to make our own healthcare decisions.
You are ignoring history and you are placing women in danger.
Republican lawmakers in the Iowa House and Senate advanced several bills targeting abortion procedures and providers this week, as a legislative deadline approached.
Several political factors make this year a perfect time for the GOP to curtail Iowa women’s reproductive rights. First, it’s an election year, and no issue motivates social conservative voters more than abortion. Second, 2020 may be the last year of a Republican trifecta. Democrats have a realistic chance to win control of the Iowa House (now split 53-47) in November, which would take any anti-abortion legislation off the table. Finally, Governor Kim Reynolds will soon have appointed four of the seven Iowa Supreme Court justices, ensuring that the high court will uphold almost any abortion restriction passed this year.
Where things stand on the anti-abortion bills introduced this year:
Republicans on the Iowa Senate State Government Committee have approved a proposed constitutional amendment that could eventually clear the way for a total ban on abortion.
Senate Joint Resolution 21 would add language to the Iowa Constitution clarifying that the document “shall not be construed to recognize, grant, or secure a right to abortion or to require the public funding of abortion.”
An earlier version cleared the Senate State Government Committee in March 2019. But for reasons they never explained publicly, Republican leaders did not bring the measure to the Senate floor during last year’s legislative session.
Governor Kim Reynolds urged lawmakers to act on this issue in her Condition of the State address earlier this month: “We must protect life by making clear, through an amendment, that our constitution does not grant a right to abortion.”
The goal is to make all future abortion restrictions immune from court challenges.
Tanya Keith of Des Moines spoke to the Iowa Senate subcommittee considering Senate Joint Resolution 21 on January 16. -promoted by Laura Belin
The Iowa Senate Republican majority has proposed amending Iowa’s constitution to state that the document “does not secure or protect a right to abortion or require the funding of abortion.” I believe this is wrong on so many levels. But State Senator Jake Chapman refused to allow me to speak more than two minutes at the subcommittee meeting he chaired, even though I was the only person testifying with a personal story.
I encourage you to watch my testimony, but I hope you will honor my story by also reading the full text of what I wanted to say. I find it disgusting that this issue was pushed out of subcommittee so quickly, and that Chapman clearly has no interest in hearing from Iowans about it. Here is the video:
Five years ago, I started taking stock of my most labor-intensive posts near the end of each year. Not all of these are my favorite projects, though invariably, some of my favorites end up on these compilations.
Before getting to the countdown for 2019, I want to give another shout out to guest authors who poured an extraordinary amount of work into two posts Bleeding Heartland published last year.
Ryan Bruner is an Iowan who is approaching politics with love. -promoted by Laura Belin
Holidays are a time of reflection. Thinking back on my childhood in western Iowa, there could have been no more perfect place to spend my early years. Within a three-mile radius from my childhood home was my whole world– school, church, family, friends. I rode my bike to school and walked a block every Sunday to a packed Saint Lawrence Church. My friends and I would race to our neighbor’s front yard to play football after school and leave our bikes unlocked by the street without a care in the world.
We grew up in a Midwest dream town. Neighbors took care of each other and set aside differences for the greater good of the community.
With four presidential contenders packed closely together at the top of the field and a majority of Democratic voters not yet committed to a candidate, televised debates could make or break several campaigns between now and the February 3 Iowa caucuses. As Dan Guild discussed here, debates have fueled breakouts for some lower-polling candidates in past election cycles.
If you missed the fifth Democratic debate on November 20, you can read the full transcript here. My thoughts on the evening in Atlanta:
Imagine you’re a newly-elected legislator. Your party leaders think highly enough of you to make you a committee chair right away. It’s a good committee, handling important bills on subjects you care about.
Would you walk away from that post, less than a year into a four-year term, to spend more time running for another office? State Senator Mariannette Miller-Meeks just did.
Iowa House Republicans meet in Des Moines this morning to elect new leaders for the 2020 legislative session. Linda Upmeyer announced on September 30 that she will step down as House speaker when the legislature reconvenes in January and will not seek re-election next November. She said in a written statement that she wants to spend more time with her husband, children, and grandchildren.
Speaking to WHO Radio’s Jeff Angelo on October 1, Upmeyer said she was also influenced by her predecessor Kraig Paulsen’s decision to leave the post long before an election. A new speaker is “well-served” by having a session under their belt, which helps them with fundraising and recruiting candidates, she explained. “I wanted to make sure that whoever was going to be leading the caucus in the future had those tools at their disposal going into this next election.”
Sources close to the legislature indicate that current House Appropriations Committee chair Pat Grassley is likely to become the next speaker, with Matt Windschitl moving up from House speaker pro-tem to majority leader. Current Majority Leader Chris Hagenow may not be part of the new leadership team, for reasons that remain unclear. UPDATE: The caucus selected Grassley as speaker, Windschitl as majority leader, and State Representative John Wills as speaker pro tem.
I’ve been thinking about Upmeyer’s legacy and how she influenced the chamber.
Forty-three years ago this week, Congress overrode a presidential veto to enact an appropriations bill containing the first ban on federal funding for abortion. Republican U.S. Representative Henry Hyde of Illinois had proposed language prohibiting Medicaid coverage of abortion during House debate on what was then called the Health, Education, and Welfare budget. Ever since, the policy has been known as the “Hyde amendment.”
Four Iowans who served in Congress at the time spoke to Bleeding Heartland this summer about their decisions to oppose the Hyde amendment and the political context surrounding a vote that had long-lasting consequences.
Less than four months after persuading Attorney General Tom Miller to cede some of his power to her, Governor Kim Reynolds has already denied ten requests to sign Iowa on to multi-state legal actions related to federal or state policies on gun safety, immigration, environmental regulation, and reproductive or LGBTQ rights.
During the same time frame, Reynolds has approved five requests to join multi-state efforts on consumer protection, drug policy, or to help Iowa obtain a share of negotiated settlements.
When U.S. Representative Steve King thinks out loud, national headlines often follow.
The Des Moines Register’s Robin Opsahl was first to report on King’s musings at the August 14 Westside Conservative Club breakfast in Urbandale.
“What if we went back through all the family trees and just pulled those people out that were products of rape and incest? Would there be any population of the world left if we did that?” […]
“Considering all the wars and all the rapes and pillages taken place and whatever happened to culture after society? I know I can’t certify that I’m not a part of a product of that.”
To many, the comments seem indefensible. But I suspect many conservative Republicans in Iowa approve of King’s uncompromising stance on abortion, even if they don’t like how he talked about the issue.
Republican State Senator Charles Schneider coasted to re-election in 2016. He defeated his Senate district 22 challenger Andrew Barnes by more than 4,000 votes after spending only a token amount on the race. In fact, Schneider gave most of his own campaign funds ($133,000) to the Iowa GOP for use in more competitive state Senate districts.
Schneider drew his first declared challenger for this cycle on June 11, when Tricia Gavin announced her candidacy. At least one other Democrat is seriously considering this race, so Schneider’s general election opponent will not be known until after the June 2020 primary.
Given recent political trends in the western suburbs of Des Moines, it’s already obvious that Senate district 22 will be a top Democratic target next year.
Nineteen presidential candidates had five minutes each to make their case to more than 1,000 activists at the Iowa Democratic Party’s Hall of Fame event in Cedar Rapids on June 9. Most offered at least one really good applause line. Teams of reporters from the Des Moines Register and Iowa Starting Line pulled together some of the memorable parts of each speech here and here.
I decided to focus on how the candidates spoke about health care and women’s ability to access abortion for a couple of reasons. First, while the candidates highlighted a wide range of problems and proposals, almost all of them addressed those topics in some way.
Second, this post represents my gesture toward what media critic Jay Rosen has called the “citizens agenda” approach to covering campaigns. Although I lack survey data to know for sure what Iowa Democrats want the presidential contenders to be talking about, I believe health care and reproductive rights are among the most salient for caucus-goers, because:
A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.
Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.
In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.
Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.
Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.
The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.
The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.
Iowans awaiting federal flood relief money will have to wait a little longer.
Congressional leaders thought they had a deal to approve $19.1 billion in disaster aid before the Memorial Day recess. The U.S. Senate passed the bill on May 23 by 85 votes to 8. (Senators Chuck Grassley and Joni Ernst both supported the measure and said they’d worked to secure “specific relief for farmers whose grain bins busted because of flooding.”) President Donald Trump was willing to sign the legislation. House passage seemed assured, so most representatives left town for the holiday weekend.
Then a first-term Republican from Texas used a procedural move to hold up the bill on May 24. While most of the blame lies with U.S. Representative Chip Roy and the GOP leaders who failed to dissuade him, top House Democrats should not have put themselves at the mercy of any member of the minority.
What a difference a few years makes.
Democrats did not field a candidate against State Senator Brad Zaun in 2008 or 2012. The party provided no financial assistance to Senate district 20 nominee Miyoko Hikiji in 2016. That year, the Senate Majority Fund spent almost nothing on offense, as six-figure sums went toward trying to save Democratic-held seats around the state. Zaun won a fourth term by more than a 7,000 vote margin.
With central Iowa’s suburban voters trending toward Democrats, Zaun has emerged as one of the most vulnerable Senate Republicans for the 2020 cycle. As of May 15, he has a top-tier challenger: Johnston City Council member Rhonda Martin.
Two years ago, State Senator Jake Chapman’s Republican colleagues slapped down his efforts to force a Senate vote on language declaring that life begins at conception, with every fertilized egg “accorded the same rights and protections guaranteed to all persons.”
This week, Republicans helped Chapman accomplish what he failed to do then: sneak “personhood” language into a bill during Senate floor debate.
Voters in Cedar Falls, Hudson, and part of Waterloo will elect a new state senator on March 19. Three candidates are on the ballot for Iowa Senate district 30: Republican Walt Rogers, Democrat Eric Giddens, and Libertarian Fred Perryman.
Republicans took some advantages into this campaign, which is on a shortened timetable because Senator Jeff Danielson resigned during the legislative session. Rogers was better-known than Giddens, and Governor Kim Reynolds scheduled the vote during spring break for the University of Northern Iowa and Cedar Falls public schools, when many people in Democratic-leaning constituencies would likely be out of town.
But since Bleeding Heartland previewed this race in late February, Giddens has emerged as the favorite. Republicans tacitly acknowledged their weaknesses by launching a second over-the-top negative television commercial on March 15, rather than closing on what was supposed to be Rogers’ selling point: giving Black Hawk County and UNI a voice in the Iowa Senate majority caucus.
September Lau and Kimberly Graham make the case against a Republican effort to pack Iowa courts with conservatives. -promoted by Laura Belin
Ever since the 2009 Iowa Supreme Court decision legalizing same-sex marriage, conservative groups and legislators have attempted to reign in what they describe as an “activist” court. Never mind that that opinion, Varnum v. Brien, was a deliberate and thoughtful walk through equal protection analysis. Conservatives simply didn’t like the decision because it wasn’t the result they wanted.
Didn’t see this one coming: Governor Kim Reynolds will not appeal a Polk County District Court ruling that struck down the country’s most restrictive abortion law.
Connie Ryan on the current Republican effort to pack the courts: “Iowans understand this legislation is intended to advance the specific political agenda of a small group with a loud voice, placing our courts in harm’s way.” -promoted by Laura Belin
Interfaith Alliance of Iowa jumped into the business of protecting Iowa’s fair and impartial courts upon the announcement by the religious right in the summer of 2010 that they intended to unseat three highly qualified Supreme Court justices. They were politicizing the retention elections simply because they were mad the court ruled for the marriage rights of same-sex couples based on equal protections under our constitution.
The thought of a special interest group seeking revenge on our courts for a constitutionally-based and unanimous decision was unprecedented and frightening. Iowans wondered if this was where the division in our country was really taking us? Would extremist, special interest groups actually go after highly qualified justices committed to the constitution and the rule of law as retribution? The answer was yes.
Matt Chapman: “The need to control women is what this is about, and the rage stems from a perception of impotency, caused by that lack of control.” -promoted by Laura Belin
It was impossible to miss the sea of white the Democratic women of the U.S. House wore to the State of the Union address on Tuesday. It was a nod to the suffragettes, who paved the way to winning the right to vote on August 26, 1920, and a celebration of the record-breaking diversity of the 116th United States Congress sworn in on January 23, 2019, almost one hundred years later.
Yet reminders of how far there still is to go echoed throughout the chamber. While President Donald Trump acknowledged the record-breaking number of women legislators elected, it took a moment for the modern-day suffragettes to stand and applaud. His praise was unwelcome, due to his history of misogyny.
Iowa’s law banning most abortions after a fetal heartbeat can be detected violates the state constitutional guarantees of equal protection and due process, Polk County District Court Judge Michael Huppert ruled on January 22.
The Iowa Supreme Court will almost certainly agree that the law is unconstitutional. But it is unclear whether the high court will keep its decision grounded in the Iowa Constitution, as the District Court did. If the Iowa Supreme Court strikes down the law citing provisions of the U.S. Constitution, they will open the door to appeal in the federal courts.
The Bleeding Heartland community lost a valued voice this year when Johnson County Supervisor Kurt Friese passed away in October. As Mike Carberry noted in his obituary for his good friend, Kurt had a tremendous amount on his plate, and I was grateful whenever he found time to share his commentaries in this space. His final post here was a thought-provoking look at his own upbringing and past intimate relationships in light of Dr. Christine Blasey Ford’s allegations against Judge Brett Kavanaugh.
Friese was among more than 100 guest authors who produced 202 Bleeding Heartland posts during 2018, shattering the previous record of 164 posts by 83 writers in 2017. I’m thankful for every piece and have linked to them all below.
You will find scoops grounded in original research, commentary about major news events, personal reflections on events from many years ago, and stories in photographs or cartoons. Some posts were short, while others developed an argument over thousands of words. Pieces by Allison Engel, Randy Richardson, Tyler Higgs, and Matt Chapman were among the most-viewed at the site this year. In the full list, I’ve noted other posts that were especially popular.
Please get in touch if you would like to write about any political topic of local, statewide, or national importance during 2019. If you do not already have a Bleeding Heartland account, I can set one up for you and explain the process. There is no standard format or word limit. I copy-edit for clarity but don’t micromanage how authors express themselves. Although most authors write under their real names, pseudonyms are allowed here and may be advisable for those writing about sensitive topics or whose day job does not permit expressing political views. I ask authors to disclose potential conflicts of interest, such as being are a paid staffer, consultant, or lobbyist promoting any candidate or policy they discuss here.
In a landmark ruling five months ago, the Iowa Supreme Court held that a 72-hour waiting period for women seeking abortions violates the rights to due process and equal protection under the Iowa Constitution.
This summer Governor Kim Reynolds replaced Bruce Zager, one of the justices who joined that 5-2 majority opinion. She will soon replace a second justice who concurred. Daryl Hecht announced today that he will resign from the Iowa Supreme Court in December in order “to commit all of his energy” to battling melanoma.
Governor Kim Reynolds and Democratic challenger Fred Hubbell debated for the third and last time today in Davenport. Too bad not many viewers are likely to tune in at 8:00 am on a Sunday morning, because the discussion was yet another study in contrasts. For those who prefer a written recap, I enclose below my detailed notes. Click here and here for Bleeding Heartland’s analysis of the first two Hubbell-Reynolds debates.
As during the second debate, journalists kept the candidates on topic and within the time limit, so kudos to moderator David Nelson of KWQC-TV6 and panelists Erin Murphy of Lee Enterprises, Forrest Saunders of KCRG-TV9, and Jenna Jackson of KWQC-TV6.
Both candidates recycled many talking points from their first two meetings. My impression was that Reynolds performed about equally well in all three debates, while Hubbell improved each time. For instance, after Reynolds noted that Iowa had moved up in mental health rankings three years in a row and was now rated sixth in the country for mental health, Hubbell pointed out that the study the governor cited covered the years 2013 through 2015. That was before the Branstad/Reynolds administration closed some mental health institutions and privatized Medicaid, which has led to worse care for thousands of Iowans.
For those who prefer to watch the replay, KCRG-TV posted the video in a single file, which is the most user-friendly option. You can also find the debate on KWQC-TV (with closed captioning) and WOWT-TV’s websites, but you will have to watch a series of clips, with advertisements before each segment.
Governor Kim Reynolds and Democratic challenger Fred Hubbell held the first of three debates tonight in Ankeny. You can watch a nearly-complete video on the Des Moines Register’s website. I’ve enclosed the notes I took in real time (live blog style) at the end of this post. But first, my takeaways:
A New York Times poll of Iowa’s first Congressional district this week found Democratic challenger Abby Finkenauer leading two-term Representative Rod Blum by 51.5 percent to 37 percent. Finkenauer led by double digits in every turnout model the pollsters applied to the raw data. Blum’s favorability of 35 percent was even lower than President Donald Trump’s 39 percent approval rating among respondents.
As national Republican strategists and GOP-aligned advocacy groups write off Blum and election forecasters increasingly view IA-01 as a probable Democratic pickup, I’ve been thinking about how a Blum implosion could affect down-ballot Republicans. With no straight-ticket option for Iowa voters this year, coat-tails may be less important than they were in the past. Nevertheless, it can’t be good for GOP legislative candidates that Finkenauer’s campaign has had field organizers working across the district for at least six months to identify and turn out supporters.
Democrats need a net gain of ten Iowa House seats to win a majority in the lower chamber (currently split 59 R/41 D). At least eight potentially competitive GOP-held state House districts are located within the first Congressional district.
Governor Kim Reynolds swore an oath to “support the constitution of the United States and the constitution of the State of Iowa.” But when she missed a deadline for filling a district court vacancy in June, she did not follow the process outlined in Iowa’s constitution.
Public records obtained by Bleeding Heartland indicate that Reynolds did not convey her choice for Judicial District 6 to anyone until four days after her authority to make the appointment had lapsed. Nevertheless, staff assured the news media and Iowa Supreme Court Chief Justice Mark Cady that the governor had named Judge Jason Besler on time.
Reynolds and Secretary of State Paul Pate later signed an appointment and commission certificate that was backdated, creating the impression the governor had acted within the constitutionally-mandated window.
Former U.S. Representative Leonard Boswell passed away on August 17 at the age of 84. He had long battled a rare cancer called pseudomyxoma peritonei. Boswell publicly speculated in 2015 that exposure to Agent Orange during the Vietnam War could have caused his abdominal tumors. According to a former staff member, a link to the powerful herbicide was later confirmed. In a recorded message to Iowa Democrats last year, Boswell said his doctors agreed that his disease stemmed from getting “pretty well soaked” while flying a crop-duster mission.
Surviving two tours of duty as an assault helicopter pilot in Vietnam was itself beating the odds. Boswell received numerous honors for his actions in that extremely dangerous role.
Following 20 years of military service, Boswell became a cattle farmer in southern Iowa. First elected to the Iowa Senate in 1984, he served three terms in the legislature, the last as Senate president. He was well-liked in Democratic circles. When I met him briefly during the 1994 campaign (he was the lieutenant governor nominee on a ticket with Bonnie Campbell), he seemed to have a larger-than-life personality.
After winning an open U.S. House seat in 1996, Boswell represented parts of central and southern Iowa in Congress for sixteen years. His proudest legislative accomplishment was sponsoring the Joshua Omvig Veterans Suicide Prevention Act, which President George W. Bush signed in 2007. Though he belonged to the conservative “Blue Dog” caucus, Boswell voted for the major legislation of President Barack Obama’s first term, including the economic stimulus bill and the Affordable Care Act.
Governor Kim Reynolds will hold less frequent press conferences for the duration of this year’s campaign, her staff acknowledged this week after persistent questioning by political reporter Barbara Rodriguez. The governor’s spokesperson downplayed the significance of abandoning the weekly presser, an Iowa tradition Governor Bob Ray established and Terry Branstad and Tom Vilsack maintained. All public events on Reynolds’ schedule would provide opportunities for journalists to ask questions, Rodriguez was told on July 31.
That promise didn’t hold up well. The very next day, Reynolds read carefully from written remarks when announcing District Court Judge Susan Christensen as her choice for the Iowa Supreme Court. Christensen briefly thanked her family, friends, and colleagues, and promised to support the constitution. End scene, with no question time for the assembled media. The governor’s staff also ignored my written inquiry related to the Supreme Court appointment.
It’s not hard to guess why Reynolds would block journalists from asking her or Christensen about the process for selecting the first new justice to join Iowa’s high court in seven and a half years.
Pro-choice advocates were jubilant about the Iowa Supreme Court’s landmark decision striking down a major section of a 2017 anti-abortion law.
However, the other major piece of that law remains in effect: a near-total ban on abortions beyond 20 weeks “post-fertilization.” Speaking to reporters on June 29, American Civil Liberties Union of Iowa legal director Rita Bettis asserted the 20-week ban is “clearly unconstitutional and a violation of women’s fundamental rights.” She declined to say whether the ACLU will challenge that provision: “We don’t forecast our litigation strategy.”
Although I am not an attorney, I am a third-generation supporter of reproductive rights in Iowa. So I’ve been thinking about how a case could get the 20-week ban before the Iowa Supreme Court.
Five Iowa Supreme Court justices ruled today that a mandatory 72-hour waiting period for all women seeking abortion violates due process rights and equal protection guaranteed under the state constitution. Planned Parenthood of the Heartland and the American Civil Liberties Union of Iowa had challenged that provision, part of a law Republican legislators and Governor Terry Branstad enacted in 2017.
Today’s decision guarantees that the 2018 law banning almost all abortions after a fetal heartbeat can be detected will be struck down. A lawsuit filed by Planned Parenthood, the ACLU of Iowa, and the Emma Goldman Clinic is pending in Polk County District Court.
In addition, the ruling indicates that even if the U.S. Supreme Court overturns the 1973 Roe v. Wade decision in the coming years, Republicans will be unable to ban or severely restrict abortion rights in our state.
Writing for the majority, Chief Justice Mark Cady rejected the “undue burden” standard for evaluating abortion restrictions, set out by the U.S. Supreme Court in its 1992 Casey decision. I enclose below the full text of the majority opinion and the dissent by Justice Edward Mansfield, whom President Donald Trump has named as a possible U.S. Supreme Court pick. I’ve excerpted some of the most important passages.
A separate section of the 2017 law, banning almost all abortions after 20 weeks gestation, was not challenged in this case and remains in effect.
Some Iowa judicial trivia: today marks the second time the Iowa Supreme Court has overturned an abortion-related ruling by Polk County District Court Judge Jeffrey Farrell. He had also upheld the administrative rule banning the use of telemedicine for abortion. The Supreme Court unanimously struck down that rule in 2015.
