Legislating Life:
The Status and Judicial Interpretation of Life Issues in Iowa
Summary of the Iowa State Supreme Court Whitepaper
For a PDF copy of the full Iowa Whitepaper, please click here
The Iowa Supreme Court is fairly restrained in its interpretation of statutes, leaving matters of public policy changes to the legislature.
Life Issues
Abortion
In Iowa, there are various regulations for abortion, including: notification requirements for pregnant minors, liability of medical professionals and institutions refusing to perform abortions, feticide, partial birth abortions etc.
Unfortunately, the Court found the partial-birth abortion ban unconstitutional and permanently enjoined it because of its “vagueness,” and because it “imposed an undue burden on women seeking abortions.” The parental notification requirement however, was upheld as constitutional. The nonconsensual termination of a pregnancy is governed by a statute, and was upheld as a valid suit even when the child is born alive in State v. Burke. The Court in State v. Hippler held that nonconsensual termination of a pregnancy may arise during the commission of a felony if the felony is in nexus to termination of the pregnancy, and State v. Zaabel held that punishment for the death of mother and unborn child does not amount to double jeopardy. In Nanke v. Napier, the Court found that there is no reimbursement for damages when an unsuccessful abortion results in a live birth.
A major bill introduced to both the House and Senate of the Iowa General Assembly is the “Unborn Child Pain Awareness and Prevention Act,” which would educate and inform a woman contemplating abortion of an unborn child with a probable gestational age of at least 20 weeks.
Protection of the Unborn from Criminal Violence
In Iowa, the laws regarding criminal violence against the unborn seem to result in case-specific results. For example, in McKillip v. Zimmerman and Weitl v. Moes, the Court held that for an unborn child, there is no cause of action for wrongful death because “person,” according to Iowa statutes, only applies to those born alive. However in Dunn v. Rose Way and Craig v. IMT, the Court held that while there may be no wrongful death cause of action, there is a loss of consortium, or loss of companionship cause of action.
Assisted Suicide
Assisted suicide is prohibited under Iowa law, however the Court has not ruled on this issue.
Healthcare Rights of Conscience
Iowa law provides rights of conscience protection to medical personnel opposing abortion on religious or moral grounds. Abortion however only refers to elective procedures, and not medically necessary procedures, but healthcare facilities that are not controlled by public authority do not have to perform abortions in their facilities. There is no statute regarding rights of conscience for pharmacists.
Cloning and Destructive Embryo Research
The Governor recently signed a law repealing Iowa’s ban on human cloning. The law permits cloning for research, but prohibits cloning for the purposes of reproduction. The Court In re Marriage of Witten examined the status of the unborn in the technology age and stated that embryos are “fundamentally distinct from . . . chattels,” therefore action can only be taken when there is mutual consent from donating parties.
Judicial Restraint
The Iowa Supreme Court is fairly restrained in its interpretation of statutes. Always cautious when faced with life issues, the Court defers instead to legislative intent. The Court is also restrained and focuses on the intent of the legislature when it comes to statutory construction. For example, in Alons et al v. Iowa District Court for Woodbury County, the Court ignored the merits of the case- in what was a “hot-button” issue- but focused instead on the plaintiff’s standing, concluding that the plaintiffs had no standing to sue.
The Court
The Iowa Supreme Court is composed of seven justices who are appointed by the governor from a list of candidates submitted by the State Judicial Nominating Commission. The Chief Justice is elected by the justices of the Court to serve during the chosen justice’s term. The Iowa State Supreme Court White Paper contains a table of biographical information for each current member of the Court.
For a PDF copy of the full Iowa Whitepaper, please click here