PLANNED PARENTHOOD v. REYNOLDS

No. 21-0856.

975 N.W.2d 710 (2022)

PLANNED PARENTHOOD OF THE HEARTLAND, INC., and Jill Meadows, M.D., Appellees, v. Kim REYNOLDS EX REL. STATE of Iowa and Iowa Board of Medicine, Appellants.

Supreme Court of Iowa.

Filed June 17, 2022.

Rehearing Denied July 5, 2022.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Jeffrey S. Thompson , Solicitor General, Samuel P. Langholz (argued) and Thomas J. Ogden , Assistant Attorneys General, for appellants.

Rita Bettis Austen (argued) of American Civil Liberties Union of Iowa Foundation, Des Moines, Alice J. Clapman , Camila Vega , and Christine Clarke (until withdrawal) of Planned Parenthood Federation of America, Washington, D.C., for appellees.

Alan R. Ostergren , Des Moines, for amici curiae Kirkwood Institute, Inc. and Members of the 89th General Assembly of Iowa.

Christopher P. Schandevel (argued) of the Alliance Defending Freedom, Ashburn, Virginia, Kevin H. Theriot and Elissa Graves of the Alliance Defending Freedom, Scottsdale, Arizona, and Chuck Hurley of the Family Leader, Urbandale, for amici curiae 60 Members of the Iowa Legislature.

W. Charles Smithson , West Des Moines, Robert J. Bird, Jr. , Dexter, and Jake Heard , Urbandale, for amici curiae Ten Iowa State Senators.

Michael Streit and Colin C. Smith of Sullivan & Ward, P.C., West Des Moines, for amicus curiae League of Women Voters (Iowa Chapter).

Elizabeth A. Battles , Des Moines, and Joshua Opperman , Des Moines, for amici curiae Iowa Coalition Against Domestic Violence and Iowa Coalition Against Sexual Assault.

Thomas W. Foley of RSH Legal, Cedar Rapids, for amici curiae University of Iowa and Drake University Law Professors.

James C. Larew and Deborah K. Svec-Carstens of Larew Law Office, Iowa City, for amici curiae 33 Iowa State Legislators.

Kimberly A. Parker , Lesley Fredin McColl , and Nickole Medel of Wilmer Cutler Pickering Hale and Dorr, LLP, Washington D.C., Alan Schoenfeld of Wilmer Cutler Pickering Hale and Dorr, LLP, New York, New York, and Paige Fiedler of Fiedler Law Firm, PLC, Johnston, for amici curiae the American College of Obstetricians and Gynecologists, the American College of Physicians, the American Gynecological & Obstetrical Society, the American Medical Association, the Iowa Medical Society, the American Medical Women's Association, the American Psychiatric Association, the Council of University Chairs of Obstetrics and Gynecology, Iowa Chapter of the American Academy of Pediatrics, the North American Society for Pediatric and Adolescent Gynecology, the National Association of Nurse Practitioners in Women's Health, the Society of Family Planning, the Society of Gynecological Oncology, the Society for Maternal-Fetal Medicine, and the Society of OB/GYN Hospitalists.

Mansfield, J., delivered the opinion of the court, in which Waterman and Oxley, JJ., joined, and in which McDonald and McDermott, JJ., joined as to parts II, III, and IV.A-E, and in which Christensen, C.J., joined as to parts II, III, and IV.A-B. McDermott, J., filed an opinion concurring in part and dissenting in part, in which McDonald, J., joined. Christensen, C.J., filed an opinion concurring in part and dissenting in part, in which Appel, J., joined as to parts I-II. Appel, J., filed a dissenting opinion.


I. Introduction.

In this case, we again consider the right to an abortion under the Iowa Constitution. The right to an abortion under the Federal Constitution is framed by two landmark cases: Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), and Planned Parenthood...

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