Mon Jun 19, 2023 – 5:21 pm EDT
(LifeSiteNews) — The Iowa Supreme Court deadlocked 3-3 Friday on whether to allow Iowa’s duly-enacted heartbeat abortion ban to take effect, resulting in the ban remaining blocked despite the U.S. Supreme Court now allowing states to set their own abortion laws.
KCRG reports that the ruling, concerning a 2018 law that bans abortions starting around six weeks except in cases of rape, incest, or to save a mother’s life (while allowing abortion prior to six weeks), was tied due to the recusal of Justice Dana Oxley, whose former law firm had represented one of the abortion facilities in the case.
Republican Gov. Kim Reynolds had asked the state’s highest court to lift a previous injunction on the law that was predicated on the longstanding Roe v. Wade precedent, which the nation’s highest court finally overturned last year.
Three justices agreed, with Justice Christopher McDonald citing the “well settled” concept that “[w]hen a case adjudging a statute unconstitutional is overruled, the statute becomes operative without reenactment; another three did not, with Justice Thomas Waterman claiming it would “bypass the legislature” to let an act of the legislature take effect.
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