Polk Co Upholds ban on “webcam” abortions

Justice

DES MOINES, IA – Polk County District Court Judge Jeffrey Farrell has upheld the Iowa Board of Medicine’s ban on “webcam” abortions as dangerous to women’s health. Thomas More Society had contributed to this victory by testifying and advocating against webcam abortions in 2010 and again in 2013 before the Iowa Board of Medicine. Additionally, Thomas More Society attorneys submitted an amicus brief to the District Court and sent substantial legal research memos on constitutional and historical issues to the Attorney General, defending the ban as constitutional and fully lawful.

“Planned Parenthood’s claim that drug-induced abortion is ‘exceptionally safe’ is spectacularly inaccurate,” said Matthew Heffron, Thomas More Society-Omaha attorney and author of the amicus brief. “Medical evidence overwhelmingly supports the Iowa Board of Medicine’s decision, which Judge Farrell has upheld, to prohibit webcam abortions. Drug-induced abortions have caused numerous complications threatening the health and lives of women, and these complications are exacerbated when a doctor is not physically present for the procedure.”

In August, 2013, the Iowa Board of Medicine voted 8-2 that a physician must be physically present when administering abortion drugs, rather than simply pushing a button at a remote location to provide the drugs after only a video consultation. The new rule prohibited the practice of webcam abortions, which allowed a woman to take abortion-inducing drugs without being physically examined by a doctor before or after the procedure. Planned Parenthood in Iowa appealed the ruling, alleging that drug-induced abortions are “exceptionally safe.”

Thomas More Society’s amicus brief, which Planned Parenthood felt compelled to address in a reply brief, argued that, contrary to Planned Parenthood’s unsupported claims, drug-induced abortions are unduly dangerous to women’s health.

Thomas More Society’s brief also cited warnings of the Food and Drug Administration, “the federal agency charged with testing the abortion-inducing drugs at issue, that the ‘possible and reasonably likely side effects’ of the abortion-inducing drug include ‘cramping, bleeding, diarrhea, nausea, vomiting, headache, dizziness, back pain, and tiredness,’” on top of Prescribing Information to the effect that “prolonged heavy bleeding and bacterial infection may also occur.”

Tracing the history of abortion prohibitions in Iowa, Thomas More Society-Omaha attorneys Matthew Heffron and Christine Delgado also submitted research to Iowa’s Attorney General proving that the Medical Board’s ban is both constitutionally sound and in keeping with Iowa’s history of extensive regulation of abortion in the interest of women’s safety.

“Omitting physical exams for abortion patients heightens the risk of complications from an already dangerous procedure,” said Tom Brejcha, president and chief counsel of the Thomas More Society. “We applaud Judge Farrell’s excellent ruling to uphold the ban against risky webcam abortions and thus to protect Iowa women.”

Authors
Top