The state’s near-total abortion ban will not go into effect until the Iowa Supreme Court acts on a petition for a rehearing on its decision to overturn a temporary injunction against the ban, a Polk County District Court judge informed the parties in the case on Friday afternoon.
A divided Iowa Supreme Court ruled 4-3 on June 28 that the temporary injunction issued should be dissolved, because the four-justice majority reduced the level of judicial scrutiny to be used when reviewing anti-abortion laws to the lowest standard available, and determined that under the “rational basis” standard the new law prohibiting almost all abortions after six weeks of pregnancy will likely be upheld as constitutional.
Under Iowa’s rules of appellate procedure, there is a 21-day period before an Iowa Supreme Court order such as the one dissolving the ban is acted on, to allow a party to petition for a rehearing. On July 11, the ACLU of Iowa filed a petition for rehearing on behalf of the Emma Goldman Clinic, Planned Parenthood of the Heartland and its medical director, Dr. Sarah Traxler.
The 21-day waiting period expired last Friday, but during his online meeting with the parties that day, Judge Jeffery Farrell told them that he could take no action on the temporary injunction until the Iowa Supreme Court makes a decision about the petition for rehearing.
The Iowa Supreme Court rarely grants petitions for rehearing, but until it makes its decision in this case, the injunction will remain in place and abortion up to 20 weeks into pregnancy remains legal.
It’s not clear when the Iowa Supreme Court will act on the petition. It issued its decision in the abortion ban case on the final day of its 2023-24 session. Its next annual session is not scheduled to begin in September, but the justice can take action during their scheduled break if they decide to do so.
