Iowa judge temporarily blocks enforcement of state's new 'fetal heartbeat' law

An Iowa judge on Monday temporarily blocked the state’s new ban on most abortions after about six weeks of pregnancy, just days after Gov. Kim Reynolds signed the measure into law.That means abortion is once again legal in Iowa up to 20 weeks of pregnancy, with a 24-hour waiting period, while the courts assess the new law’s constitutionality. The new law prohibits almost all abortions once cardiac activity can be detected, which is usually around six weeks of pregnancy and before many women know they are pregnant The Republican-controlled Legislature approved the measure in a rare, all-day special session last week, prompting a legal challenge by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic. Judge Joseph Seidlin held a hearing on the matter Friday but said he would take the issue under advisement — just as Reynolds signed the bill into law about a mile away.Abortion providers said they scrambled last week to fit in as many appointments as possible before the governor put pen to paper, preemptively making hundreds of calls to prepare patients for the uncertainty and keeping clinics open late.“There were hundreds of phone calls that were made as we were trying to prepare patients for this new reality that we find ourselves in with this manufactured confusion. And I think it’s just an important note that as Iowans continue to struggle with understanding what type of health care they are allowed to access, just how harmful this is for patients as they’re trying to access the care they need,” President and CEO of Planned Parenthood North Central States Ruth Richardson said. WATCH: KCCI's Ophelie Jacobson speaks to legal expert about temporary block of state's new 'fetal heartbeat' lawReynolds swiftly put out a statement underscoring her intention to fight the issue in the state Supreme Court.“In their own words, the abortion industry stressed the need for a temporary injunction so they could continue with 200 scheduled abortions in the next two weeks. While Life was protected for a few days, now even more innocent babies will be lost,” she said. “The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today, but I will fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.” The ruling Monday does specify that while the law is temporarily paused, the state’s Board of Medicine should proceed with rules for enforcement so that specific rules for health care providers will be well defined if the law were to be in effect in the future.There are limited circumstances under the law that would allow for abortion after the point in a pregnancy where cardiac activity is detected: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality “incompatible with life;” or if the pregnancy is endangering the life of the pregnant woman.Seidlin specified that his ruling today hinges on the “undue burden” standard, which is an intermediate level of scrutiny that requires laws do not create a significant obstacle to abortion.The state Supreme Court, in its latest rulings on the issue, said the undue burden standard remains in effect “with an invitation to litigate the issue further,” Seidlin wrote. “This, perhaps, is the litigation that accepts the invitation.”Using that standard, abortion advocates are likely right to say the new law violates Iowans’ constitutional rights, Seidlin said, which led him to grant the temporary block.Lawyers for the state argued the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.“We are deeply relieved that the court granted this relief so essential health care in Iowa can continue,” said Abbey Hardy-Fairbanks, medical director of the Iowa City-based Emma Goldman Clinic, in a statement. “We are also acutely aware that the relief is only pending further litigation and the future of abortion in Iowa remains tenuous and threatened.”Most Republican-led states have drastically limited abortion access in the year since the U.S. Supreme Court overturned Roe v. Wade and handed authority on abortion law to the states. More than a dozen states have bans with limited exceptions and one state, Georgia, bans abortion after cardiac activity is detected.Several other states have similar restrictions that are on hold pending court rulings, as is now the case in Iowa.Four states bordering Iowa currently have abortion bans in effect.Missouri, South Dakota, and Wisconsin have total bans with no exceptions for rape or incest. Nebraska bans abortion after 12 weeks. Minnesota and Illinois state leaders increased abortion protections following the overturning of Roe v. Wade. Abortion is legal in Kansas, where voters rejected a ballot that would have changed abortion protections in its state constitution.WATCH: Abortion status around IowaRecent abortion coverageIowa Legislature passes abortion restrictions, bill goes to governor's desk'Fetal heartbeat' bill: How each Iowa lawmaker voted in special sessionWhat are the exemptions to Iowa's new abortion bill?Lawsuit filed to block enforcement of Iowa's new abortion restrictions'Overjoyed': Women against abortion react to 'fetal heartbeat' bill, share personal stories‘It feels like a hostile attack’: Iowa doctor expresses concern over new abortion restrictions

DES MOINES, Iowa (AP) —

An Iowa judge on Monday temporarily blocked the state’s new ban on most abortions after about six weeks of pregnancy, just days after Gov. Kim Reynolds signed the measure into law.

That means abortion is once again legal in Iowa up to 20 weeks of pregnancy, with a 24-hour waiting period, while the courts assess the new law’s constitutionality.

The new law prohibits almost all abortions once cardiac activity can be detected, which is usually around six weeks of pregnancy and before many women know they are pregnant

The Republican-controlled Legislature approved the measure in a rare, all-day special session last week, prompting a legal challenge by the ACLU of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic. Judge Joseph Seidlin held a hearing on the matter Friday but said he would take the issue under advisement — just as Reynolds signed the bill into law about a mile away.

Abortion providers said they scrambled last week to fit in as many appointments as possible before the governor put pen to paper, preemptively making hundreds of calls to prepare patients for the uncertainty and keeping clinics open late.

“There were hundreds of phone calls that were made as we were trying to prepare patients for this new reality that we find ourselves in with this manufactured confusion. And I think it’s just an important note that as Iowans continue to struggle with understanding what type of health care they are allowed to access, just how harmful this is for patients as they’re trying to access the care they need,” President and CEO of Planned Parenthood North Central States Ruth Richardson said.

WATCH: KCCI's Ophelie Jacobson speaks to legal expert about temporary block of state's new 'fetal heartbeat' law

Reynolds swiftly put out a statement underscoring her intention to fight the issue in the state Supreme Court.

“In their own words, the abortion industry stressed the need for a temporary injunction so they could continue with 200 scheduled abortions in the next two weeks. While Life was protected for a few days, now even more innocent babies will be lost,” she said. “The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today, but I will fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”

The ruling Monday does specify that while the law is temporarily paused, the state’s Board of Medicine should proceed with rules for enforcement so that specific rules for health care providers will be well defined if the law were to be in effect in the future.

There are limited circumstances under the law that would allow for abortion after the point in a pregnancy where cardiac activity is detected: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has a fetal abnormality “incompatible with life;” or if the pregnancy is endangering the life of the pregnant woman.

Seidlin specified that his ruling today hinges on the “undue burden” standard, which is an intermediate level of scrutiny that requires laws do not create a significant obstacle to abortion.

The state Supreme Court, in its latest rulings on the issue, said the undue burden standard remains in effect “with an invitation to litigate the issue further,” Seidlin wrote. “This, perhaps, is the litigation that accepts the invitation.”

Using that standard, abortion advocates are likely right to say the new law violates Iowans’ constitutional rights, Seidlin said, which led him to grant the temporary block.

Lawyers for the state argued the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.

“We are deeply relieved that the court granted this relief so essential health care in Iowa can continue,” said Abbey Hardy-Fairbanks, medical director of the Iowa City-based Emma Goldman Clinic, in a statement. “We are also acutely aware that the relief is only pending further litigation and the future of abortion in Iowa remains tenuous and threatened.”

Most Republican-led states have drastically limited abortion access in the year since the U.S. Supreme Court overturned Roe v. Wade and handed authority on abortion law to the states. More than a dozen states have bans with limited exceptions and one state, Georgia, bans abortion after cardiac activity is detected.

Several other states have similar restrictions that are on hold pending court rulings, as is now the case in Iowa.

Four states bordering Iowa currently have abortion bans in effect.

Missouri, South Dakota, and Wisconsin have total bans with no exceptions for rape or incest. Nebraska bans abortion after 12 weeks. Minnesota and Illinois state leaders increased abortion protections following the overturning of Roe v. Wade. Abortion is legal in Kansas, where voters rejected a ballot that would have changed abortion protections in its state constitution.

WATCH: Abortion status around Iowa

Recent abortion coverage

Iowa judge temporarily blocks enforcement of state's new 'fetal heartbeat' law

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