Iowa near-total abortion ban set to take effect next week

FILE – Marissa Messinger, of Lake View, Iowa, center, holds a sign during a rally to protest recent abortion bans, May 21, 2019, at the Statehouse in Des Moines, Iowa. The Iowa Supreme Court on Friday, June 17, 2022, cleared the way for lawmakers to severely limit or even ban abortion in the state, reversing a decision by the court just four years ago that guaranteed the right to the procedure under the Iowa Constitution. (AP Photo/Charlie Neibergall, File)

Iowa’s law that bans abortion before most women know they are pregnant is set to take effect Monday, after a judge formally dissolved the injunction preventing it from being enforced. 

The law passed last year and briefly took effect before it was blocked in response to a lawsuit from abortion providers, including Planned Parenthood of the Heartland and the ACLU of Iowa. 

The Iowa Supreme Court last month reaffirmed the law, saying there was no constitutional right to an abortion in the state and ordered the block lifted. 

The law bans abortions after fetal cardiac activity can be detected — usually around six weeks, which is before many women know they are pregnant. There are some exceptions for rape and incest if reported to the police or health provider within a specific time period. Medical exceptions include a fetal abnormality that’s “incompatible with life” or if the pregnancy endangers the woman’s life.  

A district court judge on Tuesday said the law can be fully enforced starting July 29 at 8 a.m. CT, to give time for medical providers to receive notice of the change. Until the law takes effect, abortion will be legal in the state until 22 weeks of pregnancy. The state also has a 24-hour waiting period. 

Currently, 14 states have near-total bans at all stages of pregnancy and Iowa will be one of four state that ban abortions after about six weeks of pregnancy. 

The law will have a ripple effect across the Midwest, as people seeking abortions will need to travel greater distances and wait longer to obtain care. The closest states for Iowans would most likely be Illinois, Minnesota or Nebraska, though Nebraska has a 12-week abortion ban law. 

Travel is a significant barrier for low-income women, who may wind up carrying their pregnancy to term regardless of complications. 

Democratic-led states that protect abortion have seen a surge in traffic since Roe v. Wade fell.  

For example, the Chicago Abortion Fund said it has received over 60 support requests from Iowans in just the first three weeks of July, a 165 percent increase from previous months, despite abortion still being legal in Iowa. 

Megan Jeyifo, executive director of the Chicago Abortion Fund, said she expects the full impact won’t be known until about 6 to 8 weeks after the law takes effect.

According to the Guttmacher Institute, an abortion rights research group, there were estimated 4,150 abortions in Iowa in 2023. But abortion care was still sparse, and Iowans drove an average of 53 minutes to their nearest clinic even prior to the 6-week ban. Now, people are going to have to go much farther.

Jeyifo said it’s often availability instead of proximity that matters more to patients, and the abortion clinics in and around Chicago that don’t currently have long wait times should be able to handle the expected influx of patients from Iowa.

There are only two abortion providers in Iowa, both of which were plaintiffs in the lawsuit. The organizations said they will adapt to the new law and will not close.  

Planned Parenthood North Central States said it will continue to provide abortion care under current protocols for the rest of this week, and will help patients determine whether they can still be seen in Iowa or must travel to different health centers in Minnesota, Nebraska, or other neighboring states.  

“Any time a patient is forced to travel across state lines for essential health care is devastating,” Ruth Richardson, president and CEO of Planned Parenthood North Central States, said in a statement. “We are committed to doing everything we can to help patients get the care they need, which has included long-term regional investments in our Mankato [Minn.] and Omaha [Neb.] health centers. But Iowans deserve to access care in their own community and in their own state.” 

In a statement issued last month after the state Supreme Court’s decision, the Emma Goldman Clinic said it will continue to provide abortion care “to the extent possible” and help the people it can’t treat “navigate the logistics of seeking care in other states.” 

“The Emma Goldman Clinic is not going anywhere,” the organization said, and “will continue to provide life saving and life changing care. We know that cervical cancer screenings, gender affirming care and wellness exams save lives.” 

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