Iowa Supreme Court UPHOLDS state’s heartbeat law, says there’s no right to abortion in state constitution

08/28/2024 / By Ramon Tomey

The Iowa Supreme Court (ISC) has upheld the state’s heartbeat law on abortion, noting that the state’s constitution does not contain the right to commit infanticide.

The law in question was passed in 2018 by Republican Gov. Kim Reynolds, but was immediately challenged by three plaintiffs – Planned Parenthood of the Heartland, the American Civil Liberties Union of Iowa and the Emma Goldman Clinic.

Judge Michael Huppert of the Fifth Judicial District Court of Iowa declared it unconstitutional in 2019. He argued then that “under ISC precedent, the state could not enact a law imposing an ‘undue burden’ on a woman’s ability to terminate a pre-viability pregnancy.” This served as a victory for the pro-abortion plaintiffs, but not for long.

In June, the ISC upheld the heartbeat law in a 4-3 ruling – overturning Huppert’s 2019 injunction. According to the four ISC magistrates, the state needs only to show a “rational basis” for laws restricting abortion, a much lower bar for legislators seeking to limit or eliminate abortion access. Following the state high court decision, the law formally took effect on July 29.

ISC Associate Justice Matthew McDermott penned the decision, with Associate Justices Dana Oxley, David May and Christopher McDonald joining in the majority opinion. According to the ruling, abortion is not a fundamental right under the Iowa constitution.

“A right to an abortion, as the historical record shows, is not rooted at all in our state’s history and tradition – let alone ‘deeply rooted.’ We conclude that the fetal heartbeat statute is rationally related to the state’s legitimate interest in protecting unborn life.” (Related: Report: 89,000 babies have been SAVED FROM ABORTION since overturning of Roe v. Wade.)

Given the ruling, the plaintiffs filed to voluntarily dismiss the lawsuit on Aug. 15. According to Hannah Fingerhut of the Associated Press, the dismissal puts “an end … to years of legal challenges.”

Iowa Gov. Reynolds lauds the ISC’s majority decision

According to the Des Moines Register, the ISC’s ruling did not automatically end the lawsuit and only sent it back to the lower court for further proceedings. ISC Chief Justice Susan Christensen noted in her dissenting opinion that the plaintiffs had several other possible constitutional arguments not yet taken up by the courts.

But with the Aug. 15 voluntary dismissal filing, the last remaining impediment to the Hawkeye State’s heartbeat law has been removed. The law protects most unborn babies after fetal heart activity can be detected, at about six weeks. However, there are exceptions for incest or to save the life of the mother.

Planned Parenthood North Central States President and CEO Ruth Richardson said in a statement that the abortion provider seized “every opportunity in the courts to continue providing the same level of abortion access. “Iowa’s abortion ban has already caused chaos and devastation. But the heartbreaking reality is that continuing this case at this moment would not improve or expand access to care,” she added.

“We remain focused on providing abortion care to Iowans within the new restrictions, and helping those who are now forced to travel across state lines to access the care and resources they need to have control over their bodies, lives, and futures.”

Reynolds earlier lauded the ISC’s decision in June, calling it “a victory for life.” LifeSiteNews noted that she had been working to pass the heartbeat law since 2018.

“As the fetal heartbeat law finally takes effect, our work will continue to strengthen a culture of life in Iowa,” the GOP governor said at the time of the ISC’s decision. “I remain deeply committed to supporting women in planning for motherhood, promoting the importance of fatherhood, elevating adoption and protecting in vitro fertilization. Families are the foundation of society, and policies that encourage strong families will make our state and country strong for generations to come.”

Head over to Abortions.news for similar stories.

Watch Martin Brodel discussing Texas becoming the first state to enact a heartbeat law.

This video is from the Martin Brodel channel on Brighteon.com.