Connect with us

Iowa

Iowa's ban on abortions after 6 weeks will go into effect next week

Published

on

Iowa's ban on abortions after 6 weeks will go into effect next week


An Iowa law banning most abortions in the state will take effect Monday, roughly one year after Gov. Kim Reynolds signed it. 

The law prohibits physicians from administering an abortion after a fetal heartbeat is detected — around six weeks into pregnancy, before most women even know they’re pregnant. It briefly took effect in July 2023, but a lower court temporarily blocked the ban just days later in response to a legal challenge brought by abortion providers and the American Civil Liberties Union. 

The Iowa Supreme Court reversed that ruling last month, declaring the policy constitutional and clearing the way for it to go into effect.

A district court judge for Polk County said the law can be fully enforced starting July 29 at 8 a.m. CT, to allow time for medical providers to receive notice of the change.

Advertisement

The ACLU of Iowa tried earlier this month to petition the Iowa Supreme Court to rehear the case, but the court denied that request Monday.

Iowa’s new abortion law includes exceptions for rape, incest, fetal abnormalities that are “incompatible with life” and medical emergencies that endanger the life of a pregnant woman.

Previously, Iowa allowed abortions up to 20 weeks, meaning the vast majority of those seeking to terminate a pregnancy were able to do so. The new law puts Iowa among three other states that similarly ban abortion after around six weeks: Florida, Georgia and South Carolina. Fourteen states have full abortion bans, and 22 (including Iowa) have some kind of abortion restriction.

Just two abortion clinics in Iowa offer in-person care: the Emma Goldman Clinic and a Planned Parenthood facility in Ames. Planned Parenthood of the Heartland — which represents its Iowa clinics — and the Emma Goldman Clinic were both plaintiffs in the lawsuit challenging the law.

Both organizations have said they’ll continue to provide abortions within the limits of state law, but most Iowa residents seeking abortions will have to go to other states. The closest options for Iowans would most likely be Illinois, Minnesota or Nebraska, though Nebraska restricts abortions after 12 weeks. 

Advertisement

Ruth Richardson, president of Planned Parenthood North Central States, said the organization has been expanding abortion access in the region in anticipation of Iowa’s policy change. For example, she said, the clinic in Mankato, Minnesota, added medication abortion services; the St. Paul, Minnesota, clinic opened up more appointments; and the Omaha, Nebraska, location is extending its physical footprint to triple the number of patients it can accommodate.

“We are standing by ready to help patients receive access to care, even if that means traveling out of state,” Richardson said in a call with reporters last week.

The Emma Goldman Clinic said in a statement last month that it would also help those who can’t get abortions in Iowa seek care in other states.

Iowa Gov. Kim Reynolds, in Des Moines on July 14, 2023, signs into law a bill that will ban most abortions after around six weeks of pregnancy.Scott Olson / Getty Images file

According to an analysis from the Guttmacher Institute, a research organization that supports abortion access, the number of people who crossed state lines to obtain abortions has roughly doubled since 2020. The analysis largely attributes the trend to restrictions enacted after the Supreme Court overturned Roe v. Wade in 2022.

Republican lawmakers in Iowa attempted in 2018 to enact legislation restricting abortions after six weeks of pregnancy, but a lower court permanently blocked that law in 2019, and the Iowa Supreme Court upheld the lower court’s ruling last year.

Advertisement

In a statement last month about the new law, Reynolds, a Republican, said Iowa voters had “spoken clearly through their elected representatives” and that the Iowa Supreme Court’s decision had “upheld the will of the people.”

Around 63% of respondents in a national Pew Research Center poll earlier this year said they thought abortion should be legal in all or most cases.





Source link

Advertisement

Iowa

Iowa Supreme Court overturns doctor’s child sex abuse conviction

Published

on

Iowa Supreme Court overturns doctor’s child sex abuse conviction


play

  • The Iowa Supreme Court overturned the sexual abuse conviction of a West Des Moines doctor.
  • The court ruled that allowing the child victim to testify via one-way video violated the Iowa Constitution.
  • This decision is one of several that has set Iowa apart from other states on the issue of remote testimony.

The Iowa Supreme Court has overturned the conviction of a West Des Moines doctor found guilty of sexually abusing a child, ruling that allowing the victim to testify via one-way video violated the Iowa Constitution.

The court on Tuesday, Dec. 23, reversed the conviction of Lynn Melvin Lindaman, a longtime central Iowa surgeon who practiced at the Lindaman Orthopaedics clinic in West Des Moines before he was charged in 2023 with second-degree sexual abuse. The case was remanded for a new trial.

Advertisement

The decision is the latest in a string of rulings that have set Iowa apart as the only state in the country whose highest court has barred one-way video testimony in criminal trials, even in cases involving child victims. 

Those decisions already have begun reshaping prosecutions across the state and have prompted lawmakers to launch the process of amending the Iowa Constitution. The change would ultimately require voter approval.

Lindaman, now 75, was convicted after a jury trial in Polk County. Prosecutors alleged that on June 26, 2023, he committed a sex act in Ankeny against a child under the age of 10. A second count of sexual abuse was dismissed prior to trial. He was sentenced to 50 years in prison, with a mandatory minimum of 42½ years because of a prior sexual predatory offense in 1976. He also faced a separate and now-dismissed civil lawsuit from an Iowa woman who claimed he sexually assaulted her in 1975.

The Iowa Offender Search still lists Lindaman as in custody of the Iowa Medical & Classification Center.

Advertisement

On appeal, Lindaman argued that his constitutional rights were violated when the district court allowed the child to testify from another room via one-way closed-circuit television, rather than from the witness stand in the courtroom.

“Today’s decision from the Iowa Supreme Court is an important win for Lynn Lindaman and a major step toward a fair result,” said Lucas Taylor, the attorney representing Lindaman. “Although the court did not rule in our favor on every issue, this ruling recognizes serious errors in the prior proceedings and gives Mr. Lindaman the chance to present his defense to a new jury.”

In a 4-3 ruling issued earlier this year in State v. White, the Iowa Supreme Court agreed with that argument, holding that one-way video testimony violates the confrontation clause of the Iowa Constitution. Writing for the majority in that case, Justice David May said that “when the accused and the witness are prevented from seeing each other, there is no face-to-face confrontation, and the Iowa Constitution is not satisfied.”

The ruling came despite U.S. Supreme Court precedent allowing such testimony and laws in many other states permitting it. Under the Iowa statute the court overturned, judges had been allowed to authorize remote testimony by minors, or witnesses with mental illnesses or disabilities, if a judge found that “trauma caused by testifying in the physical presence of the defendant … would impair the minor’s ability to communicate.”

The White decision arose from an Osceola County case, but its effects have since spread and courts across Iowa have begun hearing challenges from defendants convicted in cases where one-way video testimony was used.

Advertisement

Following the ruling, Lynn Hicks, a spokesman for the Polk County Attorney’s Office, said at least five Polk County defendants convicted under similar circumstances could be entitled to new trials.

One of those defendants, Michael Dunbar, already has received a new trial. Dunbar was resentenced after the victim testified in person from the witness stand, and the court again imposed a life sentence.

Dissent fuels push to amend Iowa Constitution

The State v. White ruling has drawn sharp criticism from prosecutors and state leaders, including Iowa Attorney General Brenna Bird, who has argued the decision unnecessarily traumatizes child victims. 

Bird has proposed a constitutional amendment to allow children to testify remotely in certain cases. The measure has passed both chambers of the Legislature once and must pass again before going to voters in a statewide referendum.

“Children shouldn’t be forced to testify at arm’s length from their abusers, and many kids can’t. This opinion shows how important it is to restore protections for a child victim to testify remotely,” Bird said in a Tuesday statement to the Des Moines Register. “Our office will continue to fight for a constitutional amendment to ensure kids are protected and abusers are brought to justice. We are grateful our effort has received overwhelming bipartisan support in the Iowa Legislature.”

Advertisement

Justice Thomas D. Waterman, writing in a dissent in the opinion issued Tuesday, rejected the majority’s historical interpretation of the confrontation clause.

“Thunder comes during rainstorms; it does not follow that thunder requires rain. That video testimony was not used in 1871 tells us more about technology than it does about constitutional interpretation,” Waterman wrote.

He also said there is “no historical evidence that the framers of the Iowa Constitution intended a different meaning for confrontation rights than the Sixth Amendment,” and warned that the majority was reading requirements into Iowa’s Constitution that do not exist in its text.

Nick El Hajj is a reporter at the Register. He can be reached at nelhajj@gannett.com. Follow him on X at @nick_el_hajj.

This story was updated to add new information and to correct an inaccuracy.

Advertisement



Source link

Continue Reading

Iowa

States including Iowa, Nebraska reach $150M settlement with Mercedes-Benz

Published

on

States including Iowa, Nebraska reach 0M settlement with Mercedes-Benz


LINCOLN, Neb. (WOWT) – A coalition of states including both Iowa and Nebraska reached a nearly $150 million settlement with Mercedes-Benz.

The states allege over 200,000 diesel vehicles were illegally equipped with devices designed to cheat on emissions tests between 2008 and 2016.

Mercedes allegedly hid the existence of these devices from regulators and people purchasing the vehicles.

Advertisement



Source link

Continue Reading

Iowa

See where Iowa State basketball ranks in the AP and coaches polls

Published

on

See where Iowa State basketball ranks in the AP and coaches polls


Iowa State basketball is now ranked in the top three.

The Cyclone men improved to 13-0 this week after obliterating Long Beach State on Dec. 21 at Hilton Coliseum.

With the holiday week, Iowa State is off before returning for a home game Monday, Dec. 29, against Houston Christian at 7 p.m.

Advertisement

Here is a look at where the Cyclones stand in the latest college basketball rankings:

Iowa State rankings update

Iowa State moved up one spot to No. 3 in both the AP and Coaches Polls. The Cyclones were previously at No. 4.

USA TODAY Sports men’s college basketball coaches poll

Here is a look at the new USA TODAY Sports men’s basketball coaches poll.

  1. Michigan
  2. Arizona
  3. Iowa State
  4. UConn
  5. Purdue
  6. Duke
  7. Gonzaga
  8. Houston
  9. Michigan State
  10. BYU
  11. Vanderbilt
  12. North Carolina
  13. Nebraska
  14. Louisville
  15. Alabama
  16. Texas Tech
  17. Kansas
  18. Arkansas
  19. Illinois
  20. Tennessee
  21. Virginia
  22. Florida
  23. Iowa
  24. Georgia
  25. USC

Others receiving votes

St. John’s 32; Kentucky 32; Seton Hall 20; Utah State 15; Auburn 10; California 9; UCLA 8; Saint Louis 8; LSU 6; Yale 4; Oklahoma State 3; Saint Mary’s 1; Indiana 1; Clemson 1;

AP Poll

Here is a look at the new Associated Press poll.

Advertisement
  1. Arizona
  2. Michigan
  3. Iowa State
  4. UConn
  5. Purdue
  6. Duke
  7. Gonzaga
  8. Houston
  9. Michigan State
  10. BYU
  11. Vanderbilt
  12. North Carolina
  13. Nebraska
  14. Alabama
  15. Texas Tech
  16. Louisville
  17. Kansas
  18. Arkansas
  19. Tennessee
  20. Illinois
  21. Virginia
  22. Florida
  23. Georgia
  24. USC
  25. Iowa

Others receiving votes

Kentucky 78, Seton Hall 49, Auburn 39, St. John’s 23, California 19, LSU 17, UCLA 13, Clemson 9, Miami (Ohio) 6, Utah St. 5, Arizona St 5, Indiana 4, Miami 4, Saint Louis 3, Belmont 2, Baylor 1, Oklahoma St. 1, UCF 1, NC State 1.



Source link

Continue Reading

Trending