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In rare 3-3 decision, Iowa Supreme Court declines to reinstate law largely banning abortion
In rare 3-3 decision, Iowa Supreme Court declines to reinstate law largely banning abortionOPINION
DES MOINES, Iowa (AP) — Abortion will remain legal in Iowa after the state's high court declined Friday to reinstate a law that would have largely banned the procedure, rebuffing Republican Gov. Kim Reynolds and, for now, keeping the conservative state from joining others with strict abortion limits.
In a rare 3-3 split decision, the Iowa Supreme Court upheld a 2019 district court ruling that blocked the law. The latest ruling comes roughly a year after the same body — and the U.S. Supreme Court — determined that women do not have a fundamental constitutional right to abortion.
The blocked law bans abortions once cardiac activity can be detected, usually around six weeks of pregnancy and before many women know they are pregnant.
Writing for the three justices who denied the state's request to reinstate the law, Justice Thomas Waterman said granting that request would mean bypassing the legislature, changing the standard for how the court reviews laws and then dissolving an injunction.
“In our view it is legislating from the bench to take a statute that was moribund when it was enacted and has been enjoined for four years and then to put it in effect,” Waterman wrote.
In a rare 3-3 split decision, the Iowa Supreme Court upheld a 2019 district court ruling that blocked the law. The latest ruling comes roughly a year after the same body — and the U.S. Supreme Court — determined that women do not have a fundamental constitutional right to abortion.
The blocked law bans abortions once cardiac activity can be detected, usually around six weeks of pregnancy and before many women know they are pregnant.
Writing for the three justices who denied the state's request to reinstate the law, Justice Thomas Waterman said granting that request would mean bypassing the legislature, changing the standard for how the court reviews laws and then dissolving an injunction.
“In our view it is legislating from the bench to take a statute that was moribund when it was enacted and has been enjoined for four years and then to put it in effect,” Waterman wrote.
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