Iowa Supreme Court Justice Dana Oxley listens during oral arguments on April 11. Photo by Lily Smith/Des Moines Register (pool).

For the sixth time in the past decade, an abortion-related case is pending before the Iowa Supreme Court.

The only certainty is that the court will issue some majority opinion in the latest iteration of Planned Parenthood of the Heartland v Reynolds. All seven justices participated in the April 11 oral arguments.

The law at issue, adopted during a special legislative session last July, is almost identical to the near-total abortion ban at the center of last year’s case. But after Justice Dana Oxley recused herself from the 2023 litigation, the other justices split 3-3, leaving a permanent injunction on the 2018 abortion ban in place.

In all likelihood, the Iowa Supreme Court will decide before the end of June whether to lift the temporary injunction on the new abortion ban. Normally, it’s not advisable to guess how any justice will rule following oral arguments. We can draw more inferences here, because all seven justices have written or joined opinions that are relevant to the current case.

This post is designed to help readers understand the legal context and key arguments for each side.

Abortion became legal again in Iowa on July 17, after a Polk County District Court blocked the state from enforcing a near-total ban Governor Kim Reynolds had signed into law three days earlier.

Reynolds immediately vowed to “fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”

It was the latest example of Reynolds striking a defiant tone toward the jurists who will eventually decide whether the Iowa Constitution allows the government to make abortion almost impossible to obtain.

Iowans who handle public records requests for government bodies gained more protection from possible retaliation on June 23, when the Iowa Supreme Court ruled that former Iowa Department of Public Health communications director Polly Carver-Kimm can proceed with both of her wrongful termination claims against the state.

Four justices affirmed a Polk County District Court decision, which allowed Carver-Kimm to allege under Iowa’s whistleblower statute that she was wrongly forced to resign in July 2020, and that Iowa’s open records law protected her activities when fulfilling records requests for the public health agency.

The Iowa Supreme Court did reverse one part of the lower court’s ruling. All seven justices determined that Governor Kim Reynolds and her former spokesperson Pat Garrett should be dismissed as individual defendants, because they lacked the “power to authorize or compel” Carver-Kimm’s termination.

But the impact of the majority decision in Carver-Kimm v. Reynolds extends far beyond the named defendants in one lawsuit.

The most closely watched Iowa Supreme Court case of 2023 ended in a stalemate on June 16. Nearly a year to the day after the court’s majority severely undermined reproductive rights by reversing a 2018 precedent, the justices split 3-3 on Governor Kim Reynolds’ effort to lift an injunction on a 2018 law that would ban an estimated 98 percent of abortions.

The split decision in what will be known as Planned Parenthood of the Heartland v Reynolds V affirmed last year’s Polk County District Court ruling “by operation of law.” In other words, the 2018 abortion ban will be permanently enjoined. For the foreseeable future, abortion will remain legal up to 20 weeks in Iowa—in contrast to many other Republican-controlled states.

But top Iowa Republicans have vowed to enact new abortion restrictions, which will prompt new litigation. Although the opinions published on June 16 have no force of law, they provide many clues about how the Iowa Supreme Court may approach its next major abortion case.

Top Iowa Republicans reacted quickly on June 16 after the Iowa Supreme Court’s split decision kept abortion legal in Iowa up to 20 weeks.

In a joint news release, Governor Kim Reynolds, Senate Majority Leader Jack Whitver, and House Speaker Pat Grassley promised to work together on what they called “pro-life policies to protect the unborn.” But they did not indicate whether a new law might differ from the near-total abortion ban passed in 2018, which remains permanently enjoined after the Supreme Court deadlock.

The statements also did not clarify whether Republicans plan to convene a special legislative session before lawmakers are scheduled to return to Des Moines next January. Communications staff working for the governor and House and Senate leaders did not respond to Bleeding Heartland’s questions.

Any new abortion ban would be challenged immediately, and two years might pass before the Iowa Supreme Court rules on whether that law violates the state constitution. So anti-abortion advocates will want the legislature and governor to start the process sooner rather than later.

But even with the large House and Senate majorities Iowa Republicans now enjoy, it may not be easy to draft a bill that can get through both chambers.

The Iowa Supreme Court has allowed an open records lawsuit against Governor Kim Reynolds to proceed. In a unanimous decision authored by Justice David May, the court said concerns about executive privilege or non-justiciable political questions did not prevent plaintiffs from pursuing a claim that the governor’s office violated the open records law, known as Iowa Code Chapter 22, by failing to provide public records in a timely manner.

The court also confirmed that government officials and entities cannot sidestep the law’s requirements by ignoring records requests for an extended period. In addition, the decision clarified that electronic records (like other kinds of public records) must be produced within a reasonable time frame.

Tom Barton wrote an excellent article for the Cedar Rapids Gazette about what’s at stake in this November’s vote on a pro-gun amendment to the Iowa Constitution. Republicans who pushed for the amendment have downplayed its potential impact on existing gun regulations. But legal experts told Barton some laws, such as a broad prohibition on firearms ownership by people with felony convictions, might not survive a court challenge if voters approve the constitutional amendment.

In a little-noticed passage tucked into a recent decision on abortion rights, a majority of Iowa Supreme Court justices suggested that existing gun regulations could be doomed under a “strict scrutiny” standard.

Lawyers representing Governor Kim Reynolds have taken the first step toward reinstating a 2018 law that would ban nearly all abortions in Iowa. A Polk County District Court struck down that law in 2019, and Reynolds did not appeal the decision. A motion filed on August 11 asks the court to lift the permanent injunction, which was founded on Iowa and U.S. Supreme Court rulings that have since been reversed.

In a written statement amplified on her social media, Reynolds promised, “As long as I’m Governor, I will stand up for the sanctity of life and fight to protect the precious and innocent unborn lives.”

Left unsaid by the governor, but made clear by the legal brief her team filed: pregnant Iowans’ interests have almost no value in the eyes of the state.

Will four Iowa Supreme Court justices balance competing concerns the same way?

Bill from White Plains is an Iowa attorney with a specific interest in constitutional law and civil liberties.

Who’s more important: 51 percent of the populace of Iowa or, Iowa’s Republican-controlled government?

That is the question raised by the motion a partisan think tank filed in Polk County District Court on August 11. The Kirkwood Institute and the Alliance Defending Freedom are representing Governor Kim Reynolds and the Iowa Board of Medicine, after Iowa Attorney General Tom Miller declined to lead the state’s effort to reinstate a near-total abortion ban.

The ACLU of Iowa and Planned Parenthood North Central States announced on August 5 that they will not pursue litigation challenging Iowa’s mandatory 24-hour waiting period before all abortions. The Iowa Supreme Court allowed that 2020 law to go into effect in June, when a 5-2 majority reversed the court’s abortion rights precedent and sent Planned Parenthood’s case back to District Court.

In a written statement, ACLU of Iowa legal director Rita Bettis Austen described the decision to dismiss the case as “extremely difficult.”

But the move was wise in light of Iowa’s current legal landscape. Dropping this challenge could push back by years any ruling by the conservative-dominated Iowa Supreme Court to establish a new legal standard for reviewing abortion restrictions. That could strengthen the position of Planned Parenthood and the ACLU as they fight grave threats to Iowans’ bodily autonomy.

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

After interviewing fifteen applicants, the State Judicial Nominating Commission on March 6 agreed on three nominees for the Iowa Supreme Court: Matthew McDermott, District Court Judge Mary Chicchelly, and Iowa Court of Appeals Judge David May. Governor Kim Reynolds will appoint one of them during the next few weeks.

To the credit of the commissioners, all three finalists are well-qualified to serve. Thanks to a law Republicans enacted in 2019, commission members appointed by either Reynolds or Governor Terry Branstad now outnumber elected attorneys, meaning they had the votes to send less-experienced but politically-connected loyalists to the governor. They did not.

I’ve enclosed below highlights from each finalist’s application and interview, along with some noteworthy comments by three candidates who didn’t make it onto the short list: Brenna Bird, Alan Ostergren, and Sam Langholz.

I felt confident in January that Reynolds would appoint McDermott, because of his past work for the Republican Party of Iowa and close ties to senior GOP officials. Knowing now that the governor’s own legal counsel Langholz has ambitions to serve on the Supreme Court, I wouldn’t be surprised to see Reynolds pick a different finalist. Langholz’s job involves helping the governor interview and select judges. He has incentive to steer her toward appointing a candidate who has presided over a District Court, to improve the odds of the State Judicial Nominating Commission selecting someone who lacks that experience next time. Reynolds will get at least one more appointment to the high court, because Supreme Court Justice Brent Appel will reach the mandatory retirement age in 2022.