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June 28, 2022

AG Miller withdraws from abortion waiting-period case

'I doubt that I can zealously assert the state's position'

DES MOINES — Attorney General Tom Miller issued the following statement regarding Planned Parenthood v. Kim Reynolds, et al

"Our office is withdrawing from the case involving the 24-hour waiting period, or House File 594, for ethical reasons. I have made many clear public statements supporting Roe v. Wade and the rationale that underlies it. Those statements would be inconsistent with what the state would argue in court. I support the undue burden standard that the U.S. Supreme Court set forth in Planned Parenthood v. Casey. The 24-hour case has now moved to a point in which I doubt that I can zealously assert the state's position. The question now before the Iowa Supreme Court is whether the rational basis test should apply to abortion regulations. I believe that standard would have a detrimental impact on women’s reproductive rights, health care, and our society. Therefore, I am disqualifying myself pursuant to Iowa Code section 13.3.

"This decision is consistent with my disqualification in the fetal heartbeat case in 2018. In that case, I stated that I could not zealously assert the state's position because of my core belief that the statute, if upheld, would undermine rights and protections for women. In my nearly 40 years in office, I have declined to represent the state in only one other similar situation. I do not take lightly my responsibility to represent the state."

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