Iowa law banning most abortions after six weeks of pregnancy to take effect Monday

U.S. Law Review

An Iowa judge has ruled the state’s strict abortion law will take effect Monday, preventing most abortions after about six weeks of pregnancy, before many women know they are pregnant.

The law passed last year, but a judge had blocked it from being enforced. The Iowa Supreme Court reiterated in June that there is no constitutional right to an abortion in the state and ordered the hold to be lifted. That translated into Monday’s district court judge’s decision ordering the law to into effect July 29 at 8:00 a.m. Central time.

Lawyers representing abortion providers asked Judge Jeffrey Farrell for notice before allowing the law to take hold, saying a buffer period was needed to provide continuity of services. Iowa requires pregnant women to wait 24 hours for an abortion after getting an initial consultation. Abortion had been legal in the state up to 20 weeks of pregnancy.

The high court’s order gave a decisive win to Iowa’s Republican leaders after years of legislative and legal battles.

Iowa will join more than a dozen states where abortion access has been sharply curbed in the two years since the U.S. Supreme Court overturned Roe v. Wade. Currently, 14 states have near-total bans at all stages of pregnancy and three states — Iowa will make four — ban abortions after about six weeks of pregnancy.

Abortion access stands to be a major issue in the 2024 election, especially as Vice President Kamala Harris aims to lead the Democratic Party. Harris has said “everything is at stake” with reproductive health in November’s election and has traveled across the country to draw attention to the issue, including in Des Moines roughly a year ago after the stricter law initially passed.

Iowa’s Republican-controlled Legislature passed the law in a special session last July, and a legal challenge was immediately filed by the American Civil Liberties Union of Iowa, Planned Parenthood North Central States and the Emma Goldman Clinic. The law was in effect for just a few days before a district court judge temporarily blocked it.

“Today is a victory for life,” Republican Gov. Kim Reynolds said in a statement Tuesday.

There are limited circumstances under the Iowa law that would allow for abortion after six weeks of pregnancy: rape, if reported to law enforcement or a health provider within 45 days; incest, if reported within 145 days; if the fetus has an abnormality “incompatible with life”; or if the pregnancy endangers the mother’s life.

The state’s medical board defined standards of practice earlier this year, though the rules do not outline how the board would determine noncompliance or what the appropriate disciplinary action might be.

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The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

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Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.