The Volokh Conspiracy

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Volokh Conspiracy

Iowa Supreme Court Follows Roe v. Wade (by a 5-2 Vote) in Interpreting Iowa Constitution

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The case is yesterday's Planned Parenthood v. Reynolds, which strikes down a 72-hour waiting period requirement; the court relies on the Iowa Constitution's Due Process Clause and also its Equal Protection Clause. Since this is a state court interpretation of the state constitution, with no federal claim being accepted or rejected, the U.S. Supreme Court won't review the case; but for the same reason, the decision could be overturned by a state constitutional amendment.