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Lawsuit filed to block 6-week abortion ban by ALCU and abortion providers

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Brian Achenbach/Iowa State Daily
Planned Parenthood is located at 2530 Chamberlain St. in Ames. 

Planned Parenthood, the Emma Goldman Clinic and the American Civil Liberties Union (ACLU) of Iowa held a virtual media conference Wednesday to address the lawsuit they are filing to block the 6-week abortion bill that was passed Tuesday night.

A motion for temporary injunction will be made at 1:30 p.m. Friday through the Iowa District Court at the Polk County courthouse. This comes just 45 minutes before Gov. Kim Reynolds is expected to sign the bill, which would be effective immediately.

Their goal is not to stop the signing but to block the enforcement of the law. If the bill is blocked, Iowans would be able to access abortion up to 22 weeks of pregnancy.

“This law is deeply cruel and callously puts the lives and health of Iowans at risk,” said Rita Bettis Austen, legal director for the ACLU of Iowa.

The legal claims behind the lawsuit are that this bill violates constitutional rights of Iowans to abortion and substantive due process, according to Austen. She also said this bill violates article one section one of Iowa’s constitution, the inalienable right clause. They are also making an equal protection claim.

“We’re seeking to block this bill because we know that every day that the law is in effect, Iowans will face life threatening barriers to getting desperately needed medical care,” Austen said. “The Iowa politicians who voted for this have put their own political expediency over the will of the people, as well as Iowans’ rights to bodily autonomy and reproductive freedom, their health and their safety.”

Austen said this law bans abortion before most people know they are pregnant, and the exceptions come with barriers. Exceptions include cases of rape, incest, medical emergencies and protecting the life of the pregnant person.

“The experiences of patients and providers across the country have demonstrated that these so-called exceptions, like those in the ban that was passed [Tuesday], are totally unworkable,” Austen said. “They put patients’ lives at risk and further deprive people of their reproductive freedom.”

Ruth Richardson, president and CEO of Planned Parenthood North Central States, said this ban is “devastating, harmful and irresponsible.” She said exceptions to the ban show the false belief that only certain people deserve health care.

“This ban inappropriately inserts politicians into exam rooms and puts doctors in extremely difficult positions,” Richardson said.

Planned Parenthood will be continuing to perform abortions within the guidelines and will help provide resources to patients who may need to travel out of state.

Richardson said abortion patient navigators have helped over 1,600 people get to their appointments across five states, including Texas and Louisiana. Abortion patient navigators help eliminate any barriers that may come with traveling for an abortion, including paying for gas, flights and childcare.

According to Richardson, Planned Parenthood has seen a 200% increase in Iowans traveling to Minnesota for reproductive healthcare.

“We are fully hoping for relief from the court, and we’re hoping that we won’t have any interruption in providing care, we certainly acknowledge that [canceling appointments] is a possibility,” said Peter Im, staff attorney at Planned Parenthood Federation of America.

During the weeks of July 10 and July 17, there are 200 patients between Planned Parenthood of the Heartland in Iowa and the Emma Goldman Clinic, according to Im. In 2022, over 4,000 abortions were performed between the two clinics. Im said Planned Parenthood and other providers have “moved mountains” to see as many people as possible for care.

“I think it’s important to note that abortion is incredibly safe and incredibly common,” Im said. “There are statistics that say that nearly one in four women, by the time she reaches the age of 45, gets an abortion, and that doesn’t include all of the trans and gender non-conforming and non-binary people who also get abortions.”

Richardson said that personal medical decisions, like abortion, being made by politicians with no medical expertise is an “egregious overreach of power.”

Richardson said this ban will disproportionately affect communities who are already marginalized. She said many people are unable to travel to another state—including people with disabilities, people in rural areas, young people and those with low income—taking away many Iowans’ access to full sexual and reproductive healthcare.

“These communities face a reality, under this law, in which they will be forced into pregnancy,” Richardson said.

Im said that full consideration was not given when passing this bill. He referenced the Senate’s special session lasting less than a day and the debate in both chambers lasting less than seven hours.

Since the courts blocked the 2018 abortion bill, Im feels confident that the Iowa Supreme Court will follow precedent. Im said no matter what happens at the district court, he would be surprised if it did not go to the Iowa Supreme Court.

“We’re committed to this fight to protect Iowans’ reproductive freedom and ability to make what should be private medical decisions between a person, their doctor, their family and their faith,” Richardson said. “Today and always, we stand with Iowans and will never back down until control over bodily autonomy is returned to the people of Iowa.”

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  • D

    David Jackson | Jul 16, 2023 at 3:21 pm

    “If the bill is blocked, Iowans would be able to access abortion up to 22 weeks of pregnancy.”
    By the 22nd week, or 5 and a half months of pregnancy, the baby is so far along in development that his or her movements are able to be felt by the mother. Hardly just a “ball of cells” that are part of the woman’s body that if her own body she should be able to choose what happens. There’s an entire other human being’s body involved at this point, yet Planned Parenthood, the ACLU, and other highly funded interest groups want people to kill these children instead of take on the responsibility of raising them.

    Ideologues like Austen are why the ACLU has fallen into being just a partisan activist group instead of anything resembling an organization protecting all American’s rights. They shamelessly advocate for one group of people to have an imaginary “right” to harm another group if that group isn’t capable of paying them membership dues or voting the way they want.

    If you’re sexually active and have missed 5 periods before knowing you’re pregnant, you’re demonstrably so irresponsible with your own body that arguing it’s your decision to make is preposterous.

    “Bodily autonomy” and “reproductive freedom” and “pregnant person.”
    The child has equal rights to bodily autonomy, your reproductive freedom does not absolve you from your reproductive responsibilities, and the word you’re looking for is woman. Why am I not shocked at the fact people arguing in favor of infanticide use doublespeak.

    “Richardson said that personal medical decisions, like abortion, being made by politicians with no medical expertise is an “egregious overreach of power.”
    One of the legitimate roles of government is to pass and enforce laws outlawing murder. Sorry, but you don’t get to redefine what a living human being is just so you can sell your services to people who find it easier to kill their children than to raise them. The known medical science is clear, individual human beings exist inside their mother from their earliest stages of pregnancy. Not balls of cells, or fetal tissues, or whatever other euphemistic caltrop you use to take advantage of the ignorant.

    Nobody is being “forced into pregnancy” as rape is rightfully highly illegal, and the only marginalized community in this discussion are the deceased children these death profiteers make money off of.

    “Today and always, we stand with Iowans and will never back down until control over bodily autonomy is returned to the people of Iowa.”
    I can’t wait until control over bodily autonomy is returned to ALL of the people of Iowa, especially the kids who were being thrown into bio-hazard bags before the civilized human beings put a stop to it.

    Reply
  • J

    Judy Dittmar | Jul 13, 2023 at 1:56 pm

    I do not believe the uncited statistic of 1 in 4 women getting an abortion by age 45. This article is an editorial, not news. It is not a balanced approach to presenting two opposing viewpoints. Present two sides to the issue and let people form their opinions about whether they favor the legislation.

    Reply
  • K

    Kirin | Jul 13, 2023 at 10:31 am

    typo in the title: ALCU / ACLU

    Reply