UPDATE: On July 22, the Iowa Supreme Court referred the case back to District Court. The same day, Judge Jeffrey Farrell issued an order dissolving the temporary injunction and allowing the law to be “fully enforced,” effective 8:00 AM on Monday, July 29. Original post follows.
Three weeks after the Iowa Supreme Court ruled that the state should be able to enforce a near-total abortion ban, the law is still on hold.
Polk County District Court Judge Jeffrey Farrell said during a July 19 virtual conference that the Iowa Supreme Court had not yet issued an order transferring the case back to District Court. That needs to happen before the judge can dissolve a temporary injunction blocking enforcement of the ban (House File 732).
Under Iowa’s rules of civil procedure, the high court cannot transfer a case to lower court within the first 21 days after a Supreme Court ruling (that period ends on July 19), or “while a properly filed petition for rehearing” is pending. The plaintiffs in this case—Planned Parenthood of the Heartland, the Emma Goldman Clinic, and Dr. Sarah Traxler—filed a petition for rehearing on July 11. They provided three reasons the Iowa Supreme Court majority should have left the injunction in place while litigation proceeds.
It’s not clear when the Supreme Court will accept or reject the petition for rehearing. The court rarely grants such requests and rarely makes significant changes to decisions already published.
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