Current state law bans abortions after 20 weeks of pregnancy, but Reynolds asked the courts to reverse the 2019 decision that blocked a bill she had signed into law the previous year.
concept — which usually happens around six weeks of pregnancy and is often before many women know they’re pregnant.
Lawyers for Iowa’s largest abortion provider, Planned Parenthood, countered that there is no precedent or legal support for reversing a decision finalized by a judge years earlier. They said Reynolds must go through the legislative process to pass a new law.At that time, Judge Michael Huppert's decision was based on U.S. Supreme Court precedent, as well as an Iowa Supreme Court decision in 2018 that declared abortion a fundamental right under the Iowa Constitution.
In her decision Monday, Gogerty wrote that state law didn't give her the power to dissolve the permanent injunction and let the new abortion law take effect. Even if she had that power, Gogerty wrote that the Iowa Supreme Court decision finding no constitutional right to abortion didn’t substantially change how the abortion law would have been judged under the Iowa Constitution.
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