By Dave Andrusko
On June 28, 2024, a little more than two months after hearing oral arguments, a divided Iowa Supreme Court dissolved an injunction blocking enforcement of Iowa’s fetal heartbeat abortion law. “The decision means the injunction blocking the law is lifted and the case will be sent back to the district court, where Justice Matthew McDermott writes that ‘Planned Parenthood cannot show a likelihood of success on the merits’ of its challenge to the law under the new legal standard,” William Morris reported for the Des Moines Register.
“On Monday, after several procedural delays, the district court formally regained jurisdiction over the case.”
Plaintiffs – Planned Parenthood of the Heartland, the ACLU of Iowa and the Emma Goldman Clinic — made a last ditch effort to have the Supreme Court rehear the case. On Monday the highest state court deny the request.
“After consideration by this court, the petition for rehearing in the above-captioned case is hereby overruled and denied,” said the court in a response, which was signed by Chief Justice Susan Christensen. Christensen was one of the three justices who voted in the minority June 28 against upholding the law.
Last Friday, “District Court Judge Jeffrey Farrell in a meeting with attorneys on both sides of the case said he would allow for a buffer of two to three business days between receiving the Iowa Supreme Court’s order and lifting the injunction,” Erin Murphy reported “ Plaintiffs had made the request so that health care providers and patients could receive notice before the new restrictions go into effect.”
The fetal heartbeat law protects most unborn babies after fetal activity can be detected — about six weeks. There are exceptions for incest or to save the life of the mother.