Iowa S. Ct. Overrules Decision Subjecting Abortion Restrictions to Strict Scrutiny Under Iowa Constitution
From today’s decision in Planned Parenthood of the Heartland v. Reynolds (which will presumably now be PPH III):
In Planned Parenthood of the Heartland v. Reynolds (PPH II) (Iowa 2018), we confronted a mandatory 72-hour waiting period for abortion that the legislature had enacted in 2017…. [W]e rejected the undue burden test. Instead, we found that the Iowa Constitution—specifically, the due process clause—protected abortion as a fundamental right. We determined that the waiting period could not survive strict scrutiny under that test and struck it down as unconstitutional….
[We] overrule PPH II, and thus reject the proposition that there is a fundamental right to an abortion in Iowa’s Constitution subjecting abortion regulation to strict scrutiny, we do not at this time decide what constitutional standard should replac
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