The brief says the interests at stake in the case include "respect for and preservation of prenatal life at all stages of development the protection of maternal health and safety the elimination of particularly gruesome or barbaric medical procedures the preservation of the integrity of the medical profession the mitigation of fetal pain and the prevention of discrimination on the basis of race, sex or disability."
"It makes no sense to hold Iowa to any higher standard than rational basis when no fundamental right is at stake," the brief argues. It requires a law to be upheld if there is a rational basis on which the Legislature could have thought it would serve legitimate state interests. That test is one of the easiest legal hurdles for legislation to clear. The state's lawyers argue that the court should use a "rational basis" test to determine whether the law is legal. The legal brief also asks the court to apply a more permissive level of analysis when deciding whether abortion restrictions are constitutional. "A substantial change in the law warrants dissolution of the permanent injunction," the lawyers wrote in their brief.įrom June: Kim Reynolds seeks to revive Iowa's 6-week 'heartbeat' abortion ban after Roe v. Wade, eliminating national abortion rights protections. On June 17, the Iowa Supreme Court overturned its 2018 decision that found abortion rights were protected under the state constitution. They argue it should be lifted since it relies on state and federal court rulings that have been overturned. Reynolds' lawyers are now asking a Polk County judge to lift that injunction and allow the law to take effect immediately.
Lawyers: Federal, state overturn of abortion rights cases changes landscape The law was permanently blocked by a court injunction in 2019 and has never gone into effect. The 2018 "fetal heartbeat" law would ban abortions after about six weeks of pregnancy, when an embryo's heart begins to develop and emit electrical impulses. More: Iowa Poll: Most Iowans support legal abortion court rulings have paved way for more restrictions "And because Iowans aren’t with them on this issue they’re taking it back to the courts rather than letting the people decide what our abortion laws are going to look like."Ī Des Moines Register/Mediacom Iowa Poll from July found 60% of Iowans believe abortion should be legal in most or all cases, while 34% said it should be illegal in most or all cases. "We know that Iowa Republicans want the most extreme abortion legislation they can get in this state," she said. Iowa House Minority Leader Jennifer Konfrst, D-Windsor Heights, said Reynolds is "playing politics" with the abortion issue. "Life and death are determined by a person’s heartbeat, and I believe that includes our unborn children," Reynolds, a Republican, said in a statement. "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." Kim Reynolds is formally asking a state court to reinstate a 2018 law banning abortions after about six weeks of pregnancy, now that state and federal precedents protecting abortion rights have been overturned.
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