Iowa Gov. Kim Reynolds: No plans to call special legislative session on abortion

BELMOND — Gov. Kim Reynolds said Wednesday that she has no plans to call Iowa lawmakers back to the Capitol for a special session to pass more abortion legislation this year following a pair of court rulings that opened the door for more restrictions.

Instead, she wants for now to begin her fight in the courts to reinstate abortion restrictions that the state Legislature passed in previous years but that courts have blocked. They include a 2018 law that banned abortion when the heartbeat of the fetus is detectable, and a 2020 law imposing a 24-hour waiting period for abortion.

"Right now it wouldn't do any good to call a special session," she told reporters Wednesday morning during a stop in Belmond. "This is the route that we need to take. We've got two laws in place, and so we're going to move forward with that. We'll wait and see what the ruling is based on that, and then we'll reassess after that point." 

Reynolds did not say whether she plans to continue to seek even further restrictions on abortion in the Legislature if she wins in court. Asked what her ultimate goal for abortion policy is in Iowa now that the U.S. Supreme Court has reversed the Roe v. Wade ruling that established a federal right to abortion, Reynolds said she wants to see the injunction lifted on the "fetal heartbeat" law, "and we'll take it from there." 

More:Kim Reynolds seeks to revive Iowa's 6-week 'heartbeat' abortion ban after Roe v. Wade overturn

Iowa's 2022 legislative session ended May 25, but Reynolds has the power as governor to call for state lawmakers to reconvene prior to the 2023 session in January if she wishes. 

The comments were Reynolds' first public statements on abortion since saying Tuesday that she will ask a district court to reinstate the heartbeat law. She is separately asking the Iowa Supreme Court to reconsider the case involving the 24-hour waiting period for abortion that it decided less than two weeks ago.

The court, in a landmark ruling in that case shortly before the U.S. Supreme Court ruling, overturned its own previous finding that the Iowa state constitution provides a fundamental right to abortion. But it did not rule on the legality of the waiting period, instead sending the issue back to a lower court and asking it to determine what new standard the law should be evaluated under.

Reynolds has said she hopes to see the court reinstate the law and establish on rehearing that abortion laws should be evaluated under a more permissive legal standard than under the now-overturned precedent.

"We’ll see what happens, we’ll go through the system, and based on what the outcomes are from that, we’ll take our next steps," she said.

Democrats: Gov. Kim Reynolds on a path most Iowans oppose

The combination of the two decisions has created the potential for further restrictions, if not an outright ban, on abortion in Iowa. The state currently limits the procedure to the first 20 weeks of pregnancy, with exceptions only to save the life of the mother.

Iowa's 2018 law would have been the most restrictive on abortion in the country at the time of its passage. The law contains exceptions for rape and incest if the crimes are reported to law enforcement within a certain timeframe. It also contains exceptions if the life of the mother is in danger; if "not all the products of conception are expelled" following a spontaneous miscarriage; and if the doctor certifies that the fetus has an abnormality that is incompatible with life.

The law was put on hold due to a legal challenge by Planned Parenthood of the Heartland and the American Civil Liberties Union of Iowa. Polk County District Court Judge Michael Huppert ruled in January 2019 the law was unconstitutional, citing the Iowa Supreme Court's 2018 ruling that "a woman's right to decide whether to terminate a pregnancy is a fundamental right under the Iowa Constitution" — the precedent the Supreme Court has now overturned. 

More:Iowa Supreme Court says fundamental right to abortion not guaranteed under state constitution

Reynolds also is asking the Iowa Supreme Court to reconsider its June 17 ruling on a lawsuit challenging the state’s 24-hour waiting period to receive an abortion, in light of the U.S. Supreme Court's more recent decision. That law, which Reynolds signed in 2020, also never took effect because of a court challenge.

Reynolds' decision has the backing of the leaders in the Republican-controlled Iowa House and Senate, who both issued statements Tuesday in support of her actions.

Democrats were immediately critical of Reynolds' plans. Deidre DeJear, the Democrat opposing Reynolds in the governor's race this fall, said Reynolds "is determined to stand against the will of the vast majority of Iowans to ensure the personal rights and bodily autonomy of all in our state."

Attorney General Tom Miller, a Democrat, will not represent the state in either case. Reynolds will retain the conservative group Alliance Defending Freedom and Iowa attorney Alan Ostergren, president and chief counsel of the Kirkwood Institute, as legal counsel. The representation will come at no cost to the state.

The timeline for how soon the cases could work through the courts is unclear. Reynolds said she needed to file for a rehearing by Friday and plans to meet that deadline. 

Ian Richardson covers the Iowa Statehouse for the Des Moines Register. Reach him at irichardson@registermedia.com, at 515-284-8254, or on Twitter at @DMRIanR.