DES MOINES, Iowa — The fetal heartbeat bill has been on hold since Governor Kim Reynolds originally signed it in 2018.
But Friday afternoon, the issue returns to a Polk County District courtroom as Reynolds attempts to get the judge to dissolve the injunction against the legislation.
A temporary injunction was granted in June of 2018 blocking the law after Planned Parenthood, Emma Goldman Clinic, and Jill Meadows M.D. sued the state, Gov. Reynolds, and the Iowa Board of Medicine. The lawsuit claimed the law that bans most abortions after a heartbeat is detected, which is about six weeks, was unconstitutional. Currently, Iowa law bans abortions after 20 weeks.
Judge Michael Huppert ruled the law violated Iowa’s Constitution in January of 2019 and the state was permanently enjoined from putting the measure into place.
In June, a ruling by the Iowa Supreme Court went against a 2018 ruling by the court, which at time was much-less conservative. It said the 2018 court wrongly decided that abortion was a fundamental privacy right guaranteed in Iowa’s Constitution.
Later that month, the U.S. Supreme Court struck down Roe v. Wade, the landmark ruling that guaranteed a woman’s right to an abortion.
A motion to dissolve the injunction against the fetal heartbeat bill was filed by Gov. Reynolds in August, citing a change to state and federal regulations following the actions of the Iowa Supreme Court and the U.S. Supreme Court.
The fetal heartbeat law does include exceptions for rape, incest, and the health of the mother. It also protects women who get an abortion from criminal prosecution.
The hearing on the request to dissolve the injunction is scheduled for 1:30 p.m. at the Polk County Courthouse.