An effort by Iowa Gov. Kim Reynolds (R) to ban most abortions in the state was blocked Monday by a state judge, upholding a court decision made three years prior.
District Court Judge Celene Gogerty, appointed by Reynolds in 2018, said she did not believe she had the authority to lift a 2019 injunction that blocked the state’s fetal heartbeat abortion ban. She added that she didn’t believe the state provided a convincing argument to lift the injunction.
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“The state has failed to show that there has been a substantial change in the law under the Iowa Constitution,” Gogerty wrote in the 17-page ruling.
IOWA SUPREME COURT RULES ABORTION PROTECTIONS NOT PROMISED UNDER STATE CONSTITUTION
Reynolds released a statement saying she was “very disappointed” with the ruling but vowed to appeal the decision to the Iowa Supreme Court immediately.
“As the Iowa and US Supreme Courts have made clear, there is no fundamental right to an abortion. The decision of the people’s representatives to protect life should be honored, and I believe the court will ultimately do so. As long as I’m Governor, I will continue to fight for the sanctity of life and for the unborn,” Reynolds said.
Iowa presently bans abortion after 20 weeks of gestation, though Reynolds asked the courts to reverse a 2019 decision that blocked a bill she had signed into law the year before. The law blocks abortion once cardiac activity is detected, which is typically at around six weeks of pregnancy.
Reynolds cited the June Dobbs v. Jackson Women’s Health Organization Supreme Court decision that overturned Roe v. Wade and allowed states to impose laws strictly limiting abortion as the reason for why Gogerty should reverse the 2019 decision.
Attorneys for Planned Parenthood, which are petitioners in the case, argued there is no precedent or legal argument for reversing a decision made by a judge years ago. They contend Reynolds must go through the legislative process to pass a new law.
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Reynolds did not appeal the decision when it was passed down in 2019. The decision was made by Judge Michael Huppert, who, at the time, was relying on previous Supreme Court precedent and a 2018 Iowa Supreme Court decision that found abortion to be a fundamental right in the state’s constitution.
The present Iowa law allows exceptions for its abortion ban if a mother faces medical emergencies and in the event of rape, incest, or fetal abnormalities.
