Abortion Ban

AFTER 12 WEEKS

Iowa's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  Iowa Code Ann. § 707.8A (Enacted 1998).

A court held that Iowa's ban is unconstitutional because it imposes an undue burden on women seeking abortions and has issued a permanent injunction prohibiting its enforcement.  Planned Parenthood of Greater Iowa, Inc. v. Miller, 195 F.3d 386 (8th Cir. 1999), cert. denied, 530 U.S. 1274 (2000).  The U.S. Supreme Court held that a similar ban that lacks an exception to protect a woman's health and that bans more than one procedure is unconstitutional.  Stenberg v. Carhart, 530 U.S. 914 (2000).

Iowa's unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical illness, or physical injury.  Iowa Code Ann. § 707.8A (Enacted 1998).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.