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State Constitution does not provide abortion as a fundamental right: Lowa SC


Plant Parenthood of the Heartland v. Kim Reynolds ex rel. State of lowa

Lowa is a state in the Midwestern region of the United States of America, Supreme Court of Lowa overruling its own decision, Planned Parenthood of the Heartland v. Reynolds (2018), Justice Edward Mansfield decided that abortion as a fundamental right is not provided under the constitution of the state.

In PPH 2, the state legislation in enactment of 2017 which said to wait for 72 hours as a mandatory period for abortion was brought in front of court challenging it’s constitutional validity. The court concluded that the above waiting period could not survive ‘strict scrutiny’ under the test and struck down the same as it was found unconstitutional.

Later, recently in 2020, during general assembly the state upheld the decision of US supreme court Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) that the waiting period would be limited to 24 hours only. The argument was that the 2020 legislation confined to one subject and did not violate ‘single subject rule’ test, also contended that it does not seek to overrule PPH 2.

The court observed that the SC can reiterate its own decision on a broader matters like constitutionality as the right to abortion and this doesn’t bar the state from revisiting it’s previous decisions. CJ Susan Christensen refused to overrule PPH 2 with citing the rule of stare decisis 24 hours is to be considered in broader impermissibly and it’s unconstitutional.

Justice Brent R. Appel dissented warning lowa to stop possible harms against women for abortion in upcoming future days and reproductive right to abortion is left in a free fall.

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