Iowa Supreme Court prevents 6-week abortion ban from going into effect

Iowa Supreme Court prevents 6-week abortion ban from going into effect

The court was split in a 3-3 decision, meaning abortion remains legal in Iowa.

The Iowa Supreme Court prevented a six-week abortion ban that was signed into law several years ago from going into effect.

The court was split in a 3-3 decision on the case, meaning abortion remains legal in Iowa.

The 2018 bill, which was signed into law by Gov. Kim Reynolds, prevents abortions from being performed once cardiac activity can be detected, which typically occurs around six weeks of pregnancy, before many women know they're pregnant.

Gov. Kim Reynolds delivers her inaugural address, Jan. 13, 2023, in Des Moines, Iowa.

Charlie Neibergall/AP, FILE

However, the law was permanently struck down by a district court in January 2019, which ruled that the law violated the Iowa Constitution and that there was no state interest in banning abortions so early in pregnancy.

In his ruling, Polk County District Judge Michael Huppert referenced a 2018 Iowa Supreme Court decision in regard to a different bill that attempted to restrict abortion, in which the justices had written "a woman's right to decide whether to terminate a pregnancy is a fundamental right under the Iowa Constitution."

Currently, abortion is banned in the state after 22 weeks, according to the Guttmacher Institute, a research group focusing on sexual and reproductive health.

Patients who want an abortion in Iowa must have one in-person counseling sessions and then return at least 24 hours later for the abortion.

After the U.S. Supreme Court overturned Roe v. Wade last summer, Iowa's highest court reversed the 2018 decision and concluded that abortion is not protected by the state constitution.

This is a developing story. Please check back for updates.

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