Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Iowa's Republican governor calls a special legislative session to revive abortion restrictions

Iowa Gov. Kim Reynolds has called a special legislative session so lawmakers can enact new abortion restrictions

Hannah Fingerhut
Wednesday 05 July 2023 16:17 EDT
Abortion Iowa
Abortion Iowa (Quad City Times)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Iowa Gov. Kim Reynolds on Wednesday called a special legislative session to pursue new abortion restrictions after the state Supreme Court declined to reinstate a 2018 ban after about six weeks of pregnancy.

The court was split 3-3 last month and did not issue a decision on the merits of the law, leaving open the possibility that the GOP-controlled Legislature would try to pass a similar ban. In the meantime, abortion remains legal in Iowa up to 20 weeks of pregnancy.

Lawmakers will meet on July 11.

“Iowans deserve to have their legislative body address the issue of abortion expeditiously and all unborn children deserve to have their lives protected by the government as the fetal heartbeat law did,” Reynolds wrote in the order.

The blocked law banned abortion once cardiac activity can be detected, which is usually around six weeks of pregnancy, before many women know they are pregnant. Medical experts say the cardiac activity is not an actual heartbeat but rather an initial flutter of electric movement within cells in an embryo.

Democrats in the Legislature immediately issued statements denouncing the expected restrictions as at odds with the majority of Iowa residents. Polling shows most U.S. adults, including Iowans, support at least some access to abortion in general, even as views on the issue are complicated. Few say abortion should be illegal in all cases.

Most Republican-led states have significantly curbed abortion access since the U.S. Supreme Court overturned Roe v. Wade last year. Separately, the Iowa Supreme Court in 2022 reversed an opinion that said the state constitution affirms a fundamental right to abortion.

After those rulings, Reynolds declined to call a special session last year to enact new restrictions, instead choosing to work through the state courts to try to get the 2018 ban into effect. The law, which included exceptions for medical emergencies, rape, incest and fetal abnormality, had been blocked by a 2019 district court ruling.

Any new law is likely to be challenged in state court.

Iowa's high court has not resolved whether earlier rulings that applied an “undue burden test” for abortion laws remain in effect. The undue burden is an intermediate level of scrutiny that requires laws do not create a significant obstacle to abortion. Lawyers for the state argued the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.

Reynolds has ordered a special session just one other year, in 2021, when lawmakers came together in two separate special sessions to approve the drawing of congressional and legislative districts.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in