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

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

In a rare 3-3 split decision, the Iowa Supreme Court upheld a 2019 district court ruling that blocked the law. The latest ruling comes roughly a year after the same body — and the U.S. Supreme Court — determined that women do not have a fundamental constitutional right to abortion.

“In our view it is legislating from the bench to take a statute that was moribund when it was enacted and has been enjoined for four years and then to put it in effect,” Waterman wrote. Reynolds signed the 2018 law despite state and federal court decisions at the time, including Roe, affirming a woman’s constitutional right to abortion. Planned Parenthood sued and a state judge blocked the law the following year. Reynolds did not appeal the decision at the time.

 

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