In rare 3-3 decision, Iowa Supreme Court declines to reinstate law largely banning abortion

AP
6/16/23

A bid by Republican Gov. Kim Reynolds to reinstate the state’s strict ban on most abortions has failed. In a rare 3-3 split decision Friday, the state’s supreme court upheld a 2019 district court ruling that blocked the law. The outcome distinguishes Iowa from more than a dozen states across the country that severely limit access to abortion, at least for now. The ruling doesn’t preclude Reynolds and lawmakers from passing a new law restricting abortion, however. Currently, abortions are allowed in Iowa up to 20 weeks of pregnancy.

Writing for the three justices who denied the state’s request to reinstate the law, Justice Thomas Waterman said granting that request would mean bypassing the legislature, changing the standard for how the court reviews laws and then dissolving an injunction enacted by a lower court that blocked the law.

The court has seven members but one justice declined to participate. Her former law firm had represented an abortion provider. All of the justices were appointed by Republican governors and five were appointed by Reynolds.

In a statement, Reynolds expressed disappointment in the court’s ruling.

Reynolds added that “the fight is not over.” She said her administration was considering options but didn’t give specifics, such as calling for a special legislative session to enact stricter abortion laws.

Republicans hold large majorities in the state House and Senate, and leaders of both chambers criticized the ruling and suggested they will work toward passing new legislation.