Judge Blocks Iowa’s New Fetal Heartbeat Law: Gov Plans to Take Fight to State’s Highest Court

An Iowa judge temporarily blocked the state’s new “fetal heartbeat” law Monday, just days after Gov. Kim Reynolds signed the measure.

The new legislation would have banned most abortions after the baby’s unique heartbeat is detected, but the recent court challenge makes it legal, once again, for babies up to 20 weeks of gestation to be aborted.

Polk County District Court Judge Joseph Seidlin heard a legal challenge to the bill from the American Civil Liberties Union of Iowa, Planned Parenthood North Central States, and the Emma Goldman Clinic on Friday–the same day Gov. Reynolds signed the bill into law. 

However, Seidlin did not decide on the injunction until Monday. He specified that his ruling was based on the “undue burden” test, which requires that laws don’t create a significant obstacle to abortion. 

Using that standard, Seidlin said abortion advocates are likely right to say the new law violates Iowans’ constitutional rights. He granted the temporary block and invited litigation to further challenge the legislation.

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Although the decision means abortion is once again legal in Iowa up to 20 weeks of pregnancy while the courts assess the new law’s constitutionality, it is not clear if the state’s Board of Medicine should proceed with creating rules for enforcement as the law specifies.

As CBN News reported, lawmakers kicked off a special session last Tuesday to consider the bill that would ban most abortions after the baby’s unique heartbeat is detected.

The legislation, HF-732, passed 32-17 with exclusively Republican support late into the night. 

“This bill protects unborn children in Iowa,” Republican state Rep. Shannon Lundgren said. “This bill sets a clear standard where the state has an interest in the life of the child when the baby’s heart starts beating. Where there is a heartbeat, there is life.”

Reynolds called the special session essentially to revive a heartbeat bill enacted back in 2018 that had been struck down by the state’s high court.

In light of the U.S. Supreme Court overturning Roe v. Wade last June, Gov. Reynolds aimed to revive the bill to protect the lives of the unborn.

“Now is the time for us to stand up and continue the fight to protect the unborn,” said Gov. Reynolds in a statement. “The Supreme Court’s historic decision reaffirms that states have the right to protect the innocent and defenseless unborn—and now it’s time for our state to do just that. As governor, I will do whatever it takes to defend the most important freedom there is, the right to life.”

Lawyers for the state argued that the law should be analyzed using rational basis review, the lowest level of scrutiny to judge legal challenges.

“We are deeply relieved that the court granted this relief so essential health care in Iowa can continue,” said Abbey Hardy-Fairbanks, medical director of the Iowa City-based Emma Goldman Clinic, in a statement. “We are also acutely aware that the relief is only pending further litigation and the future of abortion in Iowa remains tenuous and threatened.”

Reynolds signed the bill into law Friday and it took effect immediately. 

She announced Monday she would take the fight for life all the way to the state Supreme Court.

“The abortion industry’s attempt to thwart the will of Iowans and the voices of their elected representatives continues today,” Reynolds said in a statement. “But I will fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”