Iowa Supreme Court reversal clears way for abortion ban
DES MOINES, Iowa — The Iowa Supreme Court on Friday cleared the way for lawmakers to severely limit or ban abortion in the state, reversing a decision by the court just four years ago that guaranteed the right to abortion under the Iowa Constitution.
The court, now composed almost entirely of Republican appointees, concluded that a less conservative court wrongly decided abortion is among the fundamental privacy rights guaranteed by the Iowa Constitution and federal law.
Friday’s ruling comes amid expectations that the U.S. Supreme Court will overturn the landmark Roe v. Wade decision that legalized abortion nationwide. If that happens, Iowa lawmakers could ban abortion without completing the lengthy process of amending the state constitution.
The Iowa decision stemmed from a lawsuit filed by abortion providers who challenged a 2020 law that required a 24-hour waiting period before a woman can get an abortion. A judge who struck down the law cited the state high court’s 2018 ruling. The judge also concluded that the law violated rules prohibiting passage of bills with more than one subject.
The state Supreme Court action means those seeking an abortion in Iowa must abide by the 24-hour waiting period which means returning to the clinic for a second time, an obstacle that opponents said could place abortion out of reach for some.
“The court’s decision today is a devastating and shocking reversal. But abortion remains legal in Iowa and we will continue to fight to challenge the two-appointment, minimum 24hour mandatory delay law under the undue burden standard that the court declined to overrule today,” said ACLU of Iowa Legal Director Rita Bettis Austen.
In its 2018 ruling, the court said “autonomy and dominion over one’s body go to the very heart of what it means to be free.”
The opinion released Friday and written by Justice Edward Mansfield said the court isn’t obligated to abide by precedent, especially in cases evaluating constitutional rights or in cases decided recently.
The reversal reflects a dramatic change in the court’s makeup. Gov. Kim Reynolds has named four justices since 2017, and six of the seven people on the court were appointed by Republican governors.