Iowa Supreme Court suspends enforcement of law requiring 3-day waiting period before abortion
The Iowa Supreme Court has temporarily blocked part of a new law that requires pregnant women to wait three days before undergoing an abortion.
The injunction was signed by Justice Brent Appel on Monday at the request of lawyers representing Planned Parenthood of the Heartland and American Civil Liberties Union (ACLU), Des Moines Register reported.
Apart from the 72-hour waiting period, the law also requires that a woman be offered the chance to see an ultrasound of the unborn baby, hear the heartbeat, and receive information about the baby's development.
The ACLU and Planned Parenthood of the Heartland filed a lawsuit challenging the law earlier this year, arguing that it places an "undue burden" on women's access to abortion.
Planned Parenthood had also argued that sections of the law violate the state constitution, citing a lack of due process and equal protection rights.
In early October, state Judge Jeffrey Farrell turned down a request to block the legislation, prompting the two organizations to appeal to the state Supreme Court.
Farrell had acknowledged that the measure could affect low-income women and is likely to change a few minds about undergoing an abortion, but he contended that the law itself does not pass the undue burden test.
"The Iowa Act is arguably the strictest mandatory waiting period law in the country, but the only question to the court is whether it complies with the constitutional standard. It does," he wrote.
He further noted that 27 other states have implemented waiting periods for abortion, ranging from 18 to 72 hours.
The state judge stayed the effective date of his ruling 30 days to allow Planned Parenthood and ACLU to appeal and to request a temporary injunction from the high court.
Appel noted that the law will remain suspended until the high court resolves an appeal of a Polk County District Court decision regarding the constitutionality of the legislation.
He also noted that state officials had no objection to the plaintiffs' request for a temporary injunction during the appeal, provided that an expedited briefing was ordered.
The expedited briefing was granted by the Supreme Court, and the order outlined a schedule for the filing of documents by both parties within the next two months.
Jill Meadows, medical director of Planned Parenthood of the Heartland, stated that she was thankful that Iowa residents would still be able to have access to safe, legal abortions as the case moves through the courts.
Similar sentiments were echoed by the ACLU of Iowa's legal director, Rita Bettis. "Iowa women, whose right to safe, legal abortion has been accepted law for nearly 45 years, should continue to have the protection that has been guaranteed under the Iowa Constitution," she said.