DES MOINES, Iowa – Calling the Iowa "fetal heartbeat" abortion law "beyond extreme," three groups filed suit on Tuesday to stop its implementation.
Planned Parenthood, its Iowa chapter and the American Civil Liberties Union Iowa branch said the law passed by Iowa legislators and signed by the governor is unconstitutional. It bans nearly all abortions after a fetal heartbeat is detected, which can occur about six weeks into a pregnancy and often before a woman realizes she's pregnant.
In the 45 years since abortion was legalized, said Rita Bettis, ACLU of Iowa legal director, no federal or state court has upheld this type of law.
"We have asked the court for a temporary injunction so that the law will not take effect during the period of time that we're litigating it, so that Iowa women will be protected from it during that time," she said.
Iowa plans to be represented in the case by the Thomas More Society after Iowa Attorney General Tom Miller, a Democrat, announced he would not defend the statute, saying it "undermines rights and protections for women."
Republican lawmakers who passed the law anticipated it would face a court challenge. They hope it will make its way to the U.S. Supreme Court and result in the reversal of the 1973 Roe vs. Wade decision that legalized abortion.
Bettis said the groups filing the lawsuit want speedy attention from the court system, since they believe the law poses a danger to women's health.
"We have asked the court to move quickly to set the matter for an expedited hearing," she said, "so that that temporary injunction can be decided on before the law is due to take effect, which is July 1."
According to Iowa Planned Parenthood, 2,300 abortions were performed at its facilities last year, and 98 percent of those would have been illegal under Iowa's new law.
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Pro-choice advocates are calling on voters to make access to abortion a big issue in the November midterm election. The countdown has begun; in less than a month, North Dakota's trigger law will make abortion illegal except to save the pregnant person's life, since the U.S. Supreme Court has overturned Roe v. Wade.
Amy Jacobson, executive director of Prairie Action ND, said a lot of North Dakotans want access to abortion care.
"North Dakota voters rejected an abortion ban in 2014 by a two-to-one margin. Those are Republican voters defeating an abortion ban in our state," Jacobson pointed out. "I would just really call on them to reflect on where their party is going and what this means for the people of our state. "
The state Legislature, citing religious and moral objections, tried to add an abortion ban to the state constitution, but the accompanying ballot measure failed in 2014.
In mid-May, pro-choice protesters held "Ban Off Our Bodies" rallies in Bismarck, Fargo, Grand Forks and Minot. More are planned for early July. The state's only abortion provider, the Red River Women's Clinic in Fargo, announced plans to move across the border to Moorhead, Minnesota in the near future.
Jacobson laments what she calls an ultraconservative takeover of the Republican Party.
"This decision really comes from the right-wing majority of extremist judges that have undermined the fundamental right to make our own decisions about our health care, our bodies, and our families," Jacobson asserted.
North Dakota already has a ban on abortion consultations via telehealth. Jacobson predicts when the next legislative session begins in January, lawmakers will introduce bills to further restrict abortion, by making it illegal to travel to another state for an abortion or to help someone else do so.
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The California state Legislature is expected to vote, as early as today, to place a measure on the November ballot to enshrine abortion rights into the state constitution.
The move is a reaction to the decision Friday by the Supreme Court to reverse Roe v. Wade and lift federal abortion protections. Nearly half the states are expected to make abortion illegal.
Rob Bonta, the state's Attorney General, however, slammed the ruling.
"This decision is an attack on privacy, on freedom, on self-determination, on equality," Bonta asserted. "This decision is an attack on women."
Abortion opponents cite religious and moral objections. Friday, Gov. Gavin Newsom signed Assembly Bill 1666, which protects California abortion providers from civil liability based on laws in other states, which may prohibit people from traveling to get abortion care.
Sen. Toni Atkins, D-San Diego, Senate President Pro-tem, vowed to help abortion seekers from other states.
"Those inhumane laws will not cross California borders," Atkins stressed. "We will not leave women and families impacted by the fall of Roe v. Wade and the backward, reckless policies of other states without options. We will not do that. We are here to further rights, not take them away. "
In May, when the Supreme Court decision leaked, Newsom proposed a $125 million package to bolster the state's ability to handle an influx of patients from other states. His wife, first partner Jennifer Siebel Newsom, spoke out strongly against the court's rollback of women's rights.
"This is toxic masculinities at work in the highest court in the country," Siebel Newsom emphasized. "Domination and control of women's bodily autonomy is so deeply ingrained in the patriarchy that unfortunately still rules our country."
A package of other bills designed to increase access is expected to cross the governor's desk in the next few weeks. People looking for help to pay for an abortion or traveling to get one can find information at abortionfunds.org.
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Abortion is set to be prohibited in Idaho at the end of July after the U.S. Supreme Court's decision to overturn Roe v. Wade last week.
The justices ruled that the 50-year precedent of Roe should be overruled, setting off so-called "trigger laws" in 13 states, including Idaho.
Kim Clark is senior attorney for reproductive rights, health, and justice with the Pacific Northwest organization Legal Voice. She said there will be some out-of-state options for Idahoans seeking access to abortions.
"Abortion funds across the country, including the Northwest Abortion Access Fund here in Washington," said Clark, "are ready to provide support to people who need to travel across state lines to access care, and I think there will be other informal networks of support."
Conservatives have celebrated the decision. In a statement, Idaho Gov. Brad Little said the right to an abortion was a "judicial creation."
Idaho's ban makes providing abortions a felony. There are exemptions for cases of incest and rape, although victims will have to provide a police report to a physician, which can take several weeks to obtain.
States where abortion will remain legal, including Washington and Oregon, are expected to see large increases from the number of people seeking care there. Clark said providers in those states will be burdened with the increase in traffic.
"The other place where folks can help out," said Clark, "is in supporting providers in safe haven states who will be stepping up to absorb a great deal of uncompensated care as folks come into those states for access to care."
Idaho legislators passed another law this session similar to a ban in Texas that allows civil lawsuits against health professionals who provide abortion. That law has been blocked but the Idaho Supreme Court is scheduled to hear oral arguments on the case on August 3.
Clark said while these laws make getting an abortion much harder, they won't go away completely in Idaho
"The reality is that no action that the Idaho Legislature takes will ban abortion in Idaho," said Clark. "People will still access care."
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