Abortion providers and the American Civil Liberties Union (ACLU) filed a lawsuit Wednesday challenging Iowa’s just-passed bill that would ban most abortions after roughly six weeks of pregnancy.
Planned Parenthood of the Heartland, the Emma Goldman Clinic and the ACLU of Iowa filed the challenge in district court less than 12 hours after the bill passed.
Without court intervention, the bill will take effect immediately when Gov. Kim Reynolds (R) signs it Friday.
The state legislature passed the ban late Tuesday night after an all-day special session. The bill would ban all abortions after an ultrasound is able to detect fetal cardiac activity, which is usually around six weeks’ gestation — before many people even know they are pregnant.
The bill has limited exceptions for the life and health of the pregnant person as well as exceptions for certain survivors of rape and incest, so long as the cases are reported to law enforcement authorities. It also has exceptions for fetal abnormalities that are “incompatible with life.”
By banning the vast majority of abortions, the lawsuit claims the bill violates Iowans’ constitutional rights to abortion and substantive due process.
The lawsuit also alleges the ban violates their rights to equal protection under the state Constitution by singling out abortion from other medical procedures, and discriminating against women based on their sex.
The lawsuit asks the court for a temporary injunction blocking the policy from taking effect before hearing arguments about its constitutionality.
“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,” Ruth Richardson, President and CEO of Planned Parenthood North Central States, said in a statement. “We refuse to stand idly by and will fight every step of the way to block this abortion ban and restore Iowans’ rights.”
Last month, the state Supreme Court deadlocked 3-3 on whether to overturn a lower court’s injunction against a similar 2018 version of the law, leaving the status quo in place and returning the issue to the legislature.
Reynolds said she intends to sign the bill into law Friday at the Family Leadership Summit, where former Fox News host Tucker Carlson is set to interview several 2024 GOP candidates including Sen. Tim Scott (S.C.), Florida Gov. Ron DeSantis, former Vice President Mike Pence, former South Carolina Gov. Nikki Haley, biotech entrepreneur Vivek Ramaswamy and former Arkansas Gov. Asa Hutchinson.
