Hostile
Iowa
Abortion is heavily restricted. As of July 2024, the state is enforcing a 6-week ban.
State Protections
Although from 2018 and 2022, Iowa law included the highest level of constitutional protection for abortion.1 Iowa law does not provide legal protections for abortion.2
Restrictions
In July 2024, following a decision from the Iowa Supreme Court, the District Court removed the injunction blocking enforcement of the 6-week ban enacted in 2023.3 Iowa law also prohibits abortion at twenty weeks post-fertilization and in the third trimester.4 It prohibits D&X procedures,5 but this ban is permanently enjoined.6 Pregnant people who seek abortion care must undergo biased counseling and be offered an ultrasound; the seventy-two-hour waiting period has been stricken from the statute,7 In 2020 Iowa enacted a new twenty-four waiting period, which was permanently enjoined until a decision of the Iowa Supreme Court in June 2022.8 Iowa limits public funding for abortion.9 Iowa law generally requires that a parent or legal guardian is notified about a minor’s abortion;10 alternatively, a judge can approve a minor’s petition without parental notification.11
Iowa’s targeted regulation of abortion providers (TRAP) laws include reporting requirements.12 Iowa law restricts the provision of abortion care to licensed physicians13 and restricts providers from using telemedicine for the provision of abortion care, but this rule is permanently enjoined.14 Providers who violate Iowa’s abortion restrictions may face civil and criminal penalties. 15
Post-Roe Prohibitions
Iowa repealed its pre-Roe ban in 1976.16
Conclusion
Now that the Supreme Court has overturned Roe, Iowa will likely try to prohibit abortion. As of July 2024, the state is enforcing a 6-week ban.
- Planned Parenthood, 915 N.W.2d at 236-37, 241. ↩︎
- Planned Parenthood of the Heartland, Inc. v. Reynolds, 975 N.W.2d 710 (Iowa June 17, 2022), available at https://www.iowacourts.gov/iowa-courts/supreme-court/supreme-court-opinions/case/221-0856. ↩︎
- Iowa Code u00a7 146E.2; Planned Parenthood of the Heartland, Inc v. Reynolds, (Iowa June 28, 2024). The previous 6-week ban is still enjoined, see Planned Parenthood of the Heartland, Inc v. Reynolds, No. 22-2036, (Iowa June 16, 2023). This injunction was lifted by the District Court on July 22, 2024, Planned Parenthood of the Heartland, Inc v. Reynolds, 05771 EQCE089066 (D. Polk Jul. 22, 2024). ↩︎
- Iowa Code u00a7u00a7 146B.2, 707.7. ↩︎
- IOWA CODE u00a7 707.8A. ↩︎
- Planned Parenthood Inc. v. Miller, 195 F.3d 386, 388 (8th Cir. 1999). ↩︎
- IOWA CODE u00a7 146A.1. However, the Supreme Court of Iowa held that the 72-hour waiting period requirement was unconstitutional and struck it from the statute. Planned Parenthood of the Heartland v. Reynolds ex re. State, 915 N.W.2d 206, 246 (Iowa 2018). ↩︎
- IOWA CODE u00a7 146A.1(1). Planned Parenthood of the Heartland v. Reynolds, No. EQCV081855 (Iowa Dist. June 21, 2021); Planned Parenthood of the Heartland, Inc. v. Reynolds, 975 N.W.2d 710 (Iowa June 17, u00a02022) ↩︎
- IOWA ADMIN. CODE r. 441-78.1(249A). ↩︎
- IOWA CODE u00a7 135L.3 (1). ↩︎
- Id. u00a7 135L.3(3). ↩︎
- IOWA CODE u00a7 146B.2(3); IOWA ADMIN. CODE r. 641-100.5(144). ↩︎
- IOWA CODE u00a7 707.7. ↩︎
- IOWA ADMIN. CODE r. 653-13.10(3), invalidated by Planned Parenthood of the Heartland, Inc. v. Iowa Bd. of Med., 865 N.W.2d 252, 269 (Iowa 2015). ↩︎
- See, e.g., Iowa Code u00a7u00a7 147.55, 146B.3, 148.6 135L.3(n). Iowa Admin. Code r. 653u201313.17(5). ↩︎
- 1976 Iowa Acts 774. Sec. 526 repealed Chapter 701, including IOWA CODE u00a7 701.1 (1950): u2018If any person, with intent to produce a miscarriage of any woman, willfully administer to her any drug or substance whatever, or, with such intent, use any instrument or other means whatever, unless such miscarriage shall be necessary to save her life, he shall be imprisoned.” Text available in State v. Snyder, 59 N.W.2d 223, 225 (Iowa 1953). ↩︎
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