Iowa Supreme Court says abortion not fundamental right in the state

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 24hour 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 twoappointment, 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.

The court returned the legal battle over the 24hour wait to district court for further proceedings.

“We definitely have a long fight ahead of us. It's important now more than ever that Iowans engage, and step up, stand up, have their voices heard that they want to retain the fundamental right to abortion care,” said Sheena Dooley, spokeswoman for Planned Parenthood North Central States.