Iowa Judge Temporarily Blocks State Legislature’s Brand New Six-Week Abortion Ban

DES MOINES, IOWA - JULY 14: Iowa Governor Kim Reynolds signs into law a bill that will ban most abortions after around six weeks of pregnancy during a visit to the Family Leadership Summit on July 14, 2023 in Des Moi... DES MOINES, IOWA - JULY 14: Iowa Governor Kim Reynolds signs into law a bill that will ban most abortions after around six weeks of pregnancy during a visit to the Family Leadership Summit on July 14, 2023 in Des Moines, Iowa. Several Republican presidential candidates were scheduled to speak at the event, billed as “The Midwest’s largest gathering of Christians seeking cultural transformation in the family, Church, government, and more.” (Photo by Scott Olson/Getty Images) MORE LESS
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An Iowa judge has temporarily blocked Iowa’s new six-week abortion ban, leaving the temporary injunction in place “until the court’s final adjudication on the merits in this matter.”

Iowa Gov. Kim Reynolds (R) had signed the ban into law on Friday, and it took effect immediately. 

During a Friday hearing, Polk County Judge Joseph Seidlin refused the request from Planned Parenthood’s lawyer to rule from the bench, saying it’d be “insulting” for him to “flippantly” rule without time to think it over. 

The state’s lawyer, Iowa Assistant Attorney General Daniel Johnston, had argued that the standard for assessing abortion restrictions should be downgraded from the current “undue burden” standard. 

Seidlin intervened to ask what his argument is if he does rule within the undue burden standard, but Johnson pivoted back to arguing for the lower “rational basis” standard. The judge also noted that the recent Iowa Supreme Court deadlock, which left a previous form of the six-week ban blocked, in effect affirmed a lower court decision that was made under the undue burden standard. 

In his Monday ruling, Seidlin wrote that the state’s highest court will have to be the one to decide if that standard gets lowered. 

The court finds that “the current state of the law in Iowa remains, at least for the time being, that some level of constitutional protection applies to women seeking abortion in Iowa, requiring an undue burden standard for analysis,” he wrote. “Therefore, there also remains an underlying justification for the Petitioners’ standing to assert the constitutional rights of women seeking abortions in Iowa.”

Reynolds responded to the ruling immediately, saying in a statement that she will “fight this all the way to the Iowa Supreme Court.” 

Read the ruling here:

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Notable Replies

  1. Trying to remain positive and hope the Iowa Supreme Court will agree with this judge’s view of undue burden.

  2. “… that some level of constitutional protection applies to women ”

    That statement right there says it all. Amazing this even has to be said today or 50 years ago or 100 years ago or 250 years ago …

  3. How many lawyers does it take to let a woman decide about her own body?
    This is all a disgrace.

  4. I’d rather see a photo of the judge, Seidlin, up front and leading this story than a pic of the vile governor. He’s a good guy, she’s the villain.

  5. The Repubs claim, actually a lie, that they wanted the states to decide matters of abortion and its legality, seems to create 50 Supreme Courts. That is a recipe for chaos and division and only continues the years long struggle for women’s rights. WTF? “Stari Decisis, We Hardly Knew Ye” (especially since many, if not all of the then SC candidates pledged their fidelity to that doctrine). What am I missing?

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