Iowa Special Legislative Session Passes New Abortion Restrictions

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Earlier this month, Governor Reynolds called Iowa legislators back for a “special session” after the Iowa Supreme Court upheld a permanent injunction blocking the “fetal heartbeat” law approved during the 2018 General Assembly.

On Tuesday, July 11,  the legislature convened the 90th General Assembly in Extraordinary Session (commonly referred to as “special session”) to debate and pass HF 732. This bill is similar to one signed in 2018 by Governor Reynolds and bans abortions after a fetal heartbeat is detected, with some exceptions.

Special session schedule

Republicans utilized rulemaking to set a strict schedule for Tuesday’s process to ensure that no other bills would be debated and that the special session would only last one day. Identical bills moved through the committee and floor process in both chambers beginning with a public hearing, moving through the Senate State Government/ House Health and Human Services committees, and ending with floor debate.

Ultimately, the bill passed both chambers and will be signed by the Governor on Friday. The bill passed the House 56-34 (with two Republicans voting against the bill) and passed the Senate 32-17 (with one Republican voting against the bill). Throughout the day, advocates on both sides of the issue filled the rotunda.

Upon passage of the bill, Governor Reynolds stated “The voices of Iowans and their democratically elected representatives cannot be ignored any longer, and justice for the unborn should not be delayed.”

What the law does

HF 732 bans abortions when a fetal heartbeat can be detected in an embryo, which typically happens at about six weeks gestation, in some cases before a woman may know they are pregnant. Exceptions are made for rape or incest, when the woman’s life is in serious danger, or when fetal abnormalities are deemed “incompatible with life.” The law allows the Board of Medicine to take action if medical professionals are found to be violating the law in their practice. The law does not contain legal repercussions for pregnant people who seek or receive the medical procedures outlined in the bill.

Attempted amendments

House Democrats introduced several amendments. Representative Baeth introduced two amendments that attempted to define terms and clarify language and an amendment introduced by Representative Brown-Powers exempted pregnant persons 12 years old or under. In total, Senate Democrats introduced 14 amendments, all clarifying the language of the bill and attempting to add more exceptions. All amendments were voted down; the bill moved forward without changes from its introduction.

In 2022, the US Supreme Court overturned Roe v. Wade in the Dobbs decision, leaving the decision to the states. Iowa now joins 14 states passing abortion restrictions in the past year. About half of states are expected to try to enact bans on abortion or gestational limits on the procedure.

What’s next?

The new law is likely to face a legal challenge from abortion advocates and may again be decided in the courts.

It is expected that Governor Reynolds will sign HF732 into law on Friday at 2:15 p.m., at which time the law will become effective immediately.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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