Groups celebrate Iowa Supreme Court split decision on abortion injunction

CEDAR RAPIDS, Iowa (KCRG) – Some groups celebrated Friday after the Iowa Supreme Court left deadlocked on a key abortion question leaving abortion legal in the state.

The ruling from the Iowa Supreme Court was a rare 3-3 split decision that lets the lower court ruling stand. The 7th judge recused herself from the ruling as her law firm had worked on fighting that law that would have banned abortion before most people know they were pregnant at 6 weeks gestation.

The governor signed the bill into law in 2018, but it never took effect because of a legal challenge. That law would mean abortions could no longer be performed once a doctor can detect fetal cardiac activity; hence its common name ‘the fetal heartbeat’ bill. That can happen as early as six weeks. Instead, Friday’s ruling means abortion will remain legal until 20 weeks.

Planned Parenthood organized a rally in Green Square the same day the state supreme court’s actions kept abortion legal. It was something Shirley Hilton of Cedar Rapids called a small victory.

“It was totally unexpected to tell you the truth,” said Hilton.

Hilton thought the justices were going to let the 2018 law take effect considering most of the supreme court members were nominated by Republican Governor Kim Reynolds. However, she was grateful for the outcome and hoped her grandchildren would be able to make reproductive decisions themselves. Having grown up before Roe v. Wade was the law of the land, she knows what it was like for abortions to not be legal in Iowa.

“When I was in high school one of my friends got pregnant, and her parents had to take her to New York City to get an abortion,” she said.

On the other side of the issue, groups like “Iowa Right to Life” were mourning the court decision. When it passed five years ago, it was among the most restrictive abortion laws in the country. With Roe v. Wade overturned, 14 states now banned abortion. Although, some aren’t in place due to court challenges.

“We are disappointed and heartbroken in a way because the law is not allowed to be enforced,” said Kristi Judkins with Iowa Right to Life.

The decision means abortions will continue to be legal in Iowa, but Hilton knows that was a tenuous guarantee given Iowa’s Republican majority in the state house, senate, and governor’s office.

“I want them to think about where their rights end and the other person’s begin,” said Hilton.

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