(Radio Iowa) – Representatives from the A-C-L-U of Iowa and Planned Parenthood talked with reporters today (Friday) in reaction to the Supreme Court decision on abortion. A-C-L-U of Iowa legal director Rita Bettis Austen says the ruling that abortion is not a fundamental right under Iowa’s constitution is a devastating reversal of prior precedent. “The Iowa Supreme Court did not get rid of all constitutional protection for abortion rights today,” she says.

The ruling on the constitutional question came as the Supreme Court reviewed a lower court decision that said the 24-hour waiting period for abortion that was passed in 2020 was not legal. Austen says the ruling does impact abortion law review. “What the court held that abortion is not a fundamental right, and that means that strict scrutiny, or the highest level of protection under our Constitution doesn’t apply to abortion rights under the court’s test that it uses to look at laws that restrict abortion,” she says.

Bettis Austen says the lower standard of scrutiny known as the Undue Burden still holds. “Which means that laws that place a significant or substantial obstacle in the path of a woman seeking an abortion are unconstitutional,” Bettis Austen says. She says that is the level of protection that is in place at the FEDERAL. Bettis Austen and a representative from Planned Parenthood cited an Iowa Poll that showed a majority of Iowans supported keeping abortion legal.

Iowa Republicans who have pushed to end abortion in the state have control of both Houses of the Iowa Legislature and the governor’s office. Those on the conference call could not say why Republicans have such control if a majority of Iowans support abortion. “I wish we could answer it succinctly. But I think that’s beyond the scope of our press conference,” according to A-C-L-U of Iowa Communications Director Veronica Fowler.

Bettis Austen says the next step in this case is for them to go back to the district court and continue the challenge that the 24-hour waiting period for an abortion is an undue burden.