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Planned Parenthood, the largest provider of abortions in Iowa, is adopting a 24-hour waiting period for all abortions in the state.
The Iowa Supreme Court ruled Friday that the state constitution does not recognize a fundamental right to an abortion. The case centered on a 2020 law that required a 24-hour waiting period between an initial appointment and an abortion.
In its decision, the Supreme Court directed a district court to reconsider the law under a different legal standard. The Supreme Court also overturned the previous district court ruling that blocked the law from taking effect.
Representatives from the American Civil Liberties Union of Iowa and Planned Parenthood said abortion providers were working to comply with the law. However, the fractured decision appeared to leave some ambiguity.
"With the injunction reversed, the law is in effect," said Rita Bettis Austen, legal director for the ACLU of Iowa. "The providers in Iowa will be working to operationalize the decision."
The decision was a reversal of a 2018 state Supreme Court decision that determined the Iowa Constitution did protect the fundamental right to an abortion, a strict legal standard that has stymied laws on the procedure for years.
Now, the legal landscape has changed. And it's about to change even more. The U.S. Supreme Court is expected to overturn Roe v. Wade, a 1973 case that protects abortions at a federal level.
More:Iowa Supreme Court says abortion protection not guaranteed under state constitution
Can people still access abortions in Iowa?
But abortion providers may require a 24-hour waiting period as the ramifications of Friday's ruling become clearer.
Under current law, Iowa bans most abortions after about 20 weeks of pregnancy. Doctors are required to do an ultrasound before the procedure and offer to show the patient an image of the fetus. Doctors also must share information about alternatives to abortion, like adoption.
Does Iowa have a 24-hour waiting period for abortions now?
The ACLU and Planned Parenthood believe so. And all Planned Parenthood clinics are going to follow that law.
"We immediately rescheduled patients that were scheduled for today, just due to questions surrounding the implementations of this and the requirements to make sure that we are in compliance with that law," said Planned Parenthood North Central States communications manager Sheena Dooley Friday.
More:See the Iowa Supreme Court's opinion overturning abortion protections in state constitution
What happens next for Iowa's 2020 abortion law?
The Supreme Court sent the lawsuit, originally filed in Johnson County, back to the district court to reconsider whether the law should be blocked under a new standard.
Although the justices were split on how to proceed, a plurality ruled that the court should consider whether the law imposes an "undue burden" on women seeking an abortion, a standard used by the U.S. Supreme Court in Planned Parenthood v. Casey in 1992 and previously adopted by the Iowa Supreme Court in 2015.
However, the justices also wrote that the district court can hear arguments that another legal standard should be used. And the opinion acknowledges the possibility that Roe, and Casey, will soon be overturned, and that those opinions "may provide insights that we are currently lacking."
The district court will now schedule additional hearings to hear renewed arguments over whether the law should stand.
What happens in Iowa if Roe v. Wade is overturned by the U.S. Supreme Court?
Republican leaders have passed several restrictive abortion laws in recent years, including a 72-hour waiting period and a "fetal heartbeat" law that would ban abortions after about six weeks of pregnancy. The courts blocked these laws from taking effect.
However, the court precedents protecting abortion are quickly fading.
The Iowa Supreme Court's decision removes the state's fundamental constitutional right to an abortion. However, until the U.S. Supreme Court acts, there is still an "undue burden" standard lawmakers must meet crafting abortion laws.
If the U.S. Supreme Court overturns Roe v. Wade, Iowa lawmakers will have newfound freedom to pass laws that significantly restrict abortion.
Before the Iowa Supreme Court ruling:What happens in Iowa if Roe v. Wade is overturned? Abortion would still be protected — at least for now.
Will Iowa ban abortion?
For months, Republican leaders have said they were waiting on court decisions before proposing any new abortion laws in Iowa.
After the Iowa Supreme Court decision, Republicans celebrated but again declined to share specific plans.
Gov. Kim Reynolds said the ruling was a "significant victory in our fight to protect the unborn."
"Every life is sacred and should be protected, and as long as I’m governor that is exactly what I will do," she said in a statement.
Reynolds has the power to convene a special session of the Legislature before the regularly-scheduled session begins in January 2023. A spokesperson for Reynolds declined to comment on whether the governor plans to convene lawmakers again this year to legislate on abortion.
Katie Akin is a politics reporter for the Register. Reach her at kakin@registermedia.com or at 410-340-3440. Follow her on Twitter at @katie_akin.
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