Fetal-heartbeat abortion law blocked by Iowa judge

DES MOINES, Iowa — An Iowa judge agreed Friday to temporarily block the most restrictive abortion law in the U.S. under an agreement between the state and abortion rights groups.

Attorneys for the state and Republican Gov. Kim Reynolds told the judge they agreed to prevent the law from taking effect on July 1 after discussions with three groups challenging the law: the American Civil Liberties Union of Iowa, Planned Parenthood Federation of American and the Emma Goldman Clinic.

The groups are suing the state, arguing that the law — which bans most abortions if a fetal heartbeat can be detected — is unconstitutional.

An attorney representing the state said Friday that the goal is to quickly get the case before a judge “for the sake of getting to a resolution on the merits sooner and better.”

“This is a much better outcome for women than having to spend the next few weeks worrying about whether or not they’re going to be able to exercise their fundamental right to have a safe and legal abortion in Iowa,” said Rita Bettis, ACLU of Iowa attorney.

Judge Michael Huppert said he would formally issue a temporary injunction. The injunction means the law won’t go into effect until the lawsuit is resolved, which could take months. Both sides have said they want the case to go to the Iowa Supreme Court — though anti-abortion rights groups are aiming for the U.S. Supreme Court.

The state is being represented for free by the Thomas More Society, a conservative Chicagobased law firm that stepped in after Democratic Iowa Attorney General Tom Miller refused to defend the law.

Miller said he believed the law undermines the rights and protections for women.

Reynolds signed the law May 4, two days after lawmakers sent her the legislation. The moves marked a dramatic change in abortion policy in Iowa, which before the 2016 elections had little to no role in the broad Republican effort to overturn Roe v. Wade. The landmark 1973 U.S. Supreme Court ruling that established a woman’s right to terminate a pregnancy until a fetus is viable.

The 2016 election flipped control of the Iowa Senate, putting Republicans in charge of the legislature and the governor’s office for the first time in two decades. Among the results: many antiabortion bills, including a 20-week abortion ban and a requirement that women wait three days before ending a pregnancy.