The Iowa Supreme Court's deadlock on a six-week abortion ban has drawn sharp criticism, particularly from Governor Kim Reynolds. The 3-3 split decision effectively upholds a lower court ruling that blocked the ban, preventing its reinstatement after the overturning of Roe v. Wade. Reynolds, who had championed the ban, expressed deep disappointment, arguing that the court disregarded the will of Iowa voters and sided with a single judge's decision based on now-rejected principles.
Despite the setback, Reynolds has vowed to continue fighting for the "innocent unborn" and is exploring further legal options. The original ban, signed into law in 2018, prohibited abortions after cardiac activity is detected, typically around six weeks. However, it was quickly blocked by state lawmakers in 2019. Following the Supreme Court's decision in Dobbs, Reynolds sought to revive the ban, but her efforts were thwarted by a state judge, leading to the appeal that resulted in the recent split decision.
The split decision saw Chief Justice Susan Christensen, along with Justices Thomas Waterman and Edward Mansfield, vote to uphold the 2019 ruling. Justices Christopher McDonald, Matthew McDermott, and David May voted to reverse the ruling. The absence of Justice Dana Oxley, who did not participate in the vote, proved decisive in blocking the ban. The decision has ignited reactions from various figures, including 2024 presidential candidate Mike Pence, who criticized the court's inaction and emphasized the importance of appointing pro-life judges. Senate Majority Leader Jack Whitver echoed this sentiment, pledging to continue working with Reynolds and the House to advance pro-life legislation.
Justice Waterman, who voted against the ban, drew a controversial comparison between the protection afforded to discarded trash and a woman's bodily autonomy, citing a 2021 ruling that restricted law enforcement's ability to search garbage without a warrant. Pro-life organizations, such as Susan B. Anthony Pro-Life America, have also denounced the decision, labeling it as judicial activism and emphasizing the pro-life sentiment within Iowa. They pointed to Reynolds' significant re-election victory and Republican gains in the legislature as evidence of public support for abortion restrictions. For now, abortion remains legal in Iowa up to the 20th week of pregnancy.
