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.^[1]Iowa Code § 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, … Continue reading Iowa law also prohibits abortion at twenty weeks post-fertilization and in the third trimester.^[2]Iowa Code §§ 146B.2, 707.7. It prohibits D&X procedures,^[3]IOWA CODE § 707.8A. but this ban is permanently enjoined.^[4]Planned Parenthood Inc. v. Miller, 195 F.3d 386, 388 (8th Cir. 1999). 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,^[5]IOWA CODE § 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. … Continue reading 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.^[6]IOWA CODE § 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 … Continue reading Iowa limits public funding for abortion.^[7]IOWA ADMIN. CODE r. 441-78.1(249A). Iowa law generally requires that a parent or legal guardian is notified about a minor’s abortion;^[8]IOWA CODE § 135L.3 (1). alternatively, a judge can approve a minor’s petition without parental notification.^[9]Id. § 135L.3(3).

In 2020, Iowa exploited the COVID-19 pandemic in an attempt to ban abortion care, issuing an executive order ^[10]Governor Kimberly K. Reynolds, Public Health Proclamation (March 26, 2020) that purported to suspend procedures deemed “non-essential” by the state. This order contradicted major medical groups in the United States and around the world, which agree that abortion is essential and time sensitive health care.^[11]See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020); Disaster Risk Management for Health, Sexual and Reproductive Health, World … Continue reading The Iowa District Court approved the settlement agreement allowing essential abortion care to continue and the suspension of “non-essential” medical procedures was removed from subsequent executive orders.^[12]Planned Parenthood of the Heartland v. Reynolds, No. CVCV081717 (Iowa Dist. April 1, 2020), Gov. Kimberly K. Reynolds, Public Health Proclamation (May 6, 2020)

Iowa’s targeted regulation of abortion providers (TRAP) laws include reporting requirements.^[13]IOWA CODE § 146B.2(3); IOWA ADMIN. CODE r. 641-100.5(144). Iowa law restricts the provision of abortion care to licensed physicians^[14]IOWA CODE § 707.7. and restricts providers from using telemedicine for the provision of abortion care, but this rule is permanently enjoined.^[15]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). Providers who violate Iowa’s abortion restrictions may face civil and criminal penalties. ^[16]See, e.g., Iowa Code §§ 147.55, 146B.3, 148.6 135L.3(n). Iowa Admin. Code r. 653–13.17(5).

State Protections

Between 2018 and 2022, Iowa law included the highest level of constitutional protection for abortion. In 2018, the Iowa Supreme Court held that the due process and equal protection clauses of the Iowa Constitution protect the fundamental right to abortion, and that restrictions on that right are subject to strict scrutiny.^[17]Planned Parenthood, 915 N.W.2d at 236-37, 241. However, in 2022, the Court overruled itself, stating “We hold today is that the Iowa Constitution is not the source of a fundamental right to an abortion necessitating a strict scrutiny standard of review for regulations affecting that right. For now, this means that the Casey undue burden test we applied in PPH I remains the governing standard. On remand, the parties should marshal and present evidence under that test, although the legal standard may also be litigated further.”^[18] 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.

Post-Roe Prohibitions

Iowa repealed its pre-Roe ban in 1976.^[19]1976 Iowa Acts 774. Sec. 526 repealed Chapter 701, including IOWA CODE § 701.1 (1950): ‘If any person, with intent to produce a miscarriage of any woman, willfully administer to her any drug or … Continue reading

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.