These are the likely next steps in Iowa abortion battle
State lawmakers are trying to figure out what's next, after a deadlock decision on abortion. Last week's Supreme Court split decision kept the block in place on Iowa's 6-week abortion ban.
Republican lawmakers have not said what exact legislation they plan to pass, but they do say they want to further restrict abortion access. Right now, they're exploring their options.
“I'd love to see the legislature and the governor call a special session,” said Bob Vander Plaats. “And I'd like to see them double down at minimum on heartbeat legislation. And to channel that through to let the court know, no, we are serious about this.”
Conservative and evangelical leader Bob Vander Plaats wants state lawmakers to take action before the regular session in January.
Vander Plaats is also calling for the removal or resignation of three state supreme court justices. Last week, those justices ruled against reinstating the 2018 law that would have banned most abortions in Iowa.
“You have three justices who have politicized the court in a way because they have gone outside their separation of powers outside their constitutional authority and duty to become a super-legislature,” Vander Plaats said.
Vander Plaats suggests lawmakers should move to impeach.
Drake University law professor Salley Frank argues that's not a legal option.
“Impeachment has to do with high crimes and misdemeanors, you know, if a justice were convicted of a felony, that might that would probably deserve impeachment,” said Frank. “The fact that you disagree with an opinion of the court is not a basis for impeachment.”
And Frank says whatever lawmakers decide to pass will likely spark a new legal battle.
“Whatever is passed, I assume, before it takes effect, Planned Parenthood and the ACLU will be back in court,” Frank said. “Whatever the next action on abortion is, there will be a long road ahead in court. I would guess probably we've got another year of legal abortion in Iowa, at least.”
Whether lawmakers call a special session or return to the statehouse like normal in January, Frank says they'll likely pass some sort of abortion ban.
She says lawmakers will likely also pass a constitutional amendment, saying Iowa does not recognize any right to abortion.
That amendment would still have to pass a statewide vote to take effect.