DES MOINES, Iowa (KCAU) — Iowa Attorney General Tom Miller issued a statement on Tuesday regarding Governor Reynolds’ recent announcement she is seeking legal action after the U.S. Supreme Court’s decision overturning Roe v. Wade.

According to a release, Miller stated he will be withdrawing from representing the state due to 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,” said Miller.

Gov. Reynolds recently announced efforts to get the Iowa Supreme Court to rehear Planned Parenthood v Reynolds (PPH IV) as well as requesting Iowa courts to lift the injunction against enforcement of Iowa’s fetal heartbeat law. 

In 2018, Reynolds signed a law that outlawed abortion at six weeks, when a fetus heartbeat can first be detected, known as the Heartbeat Bill.

A Polk County district court judge prohibited the law and Iowa officials from enforcing it, based upon the Iowa Supreme Court’s 2018 ruling in PPH II where the Court created a fundamental right to abortion.

“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,” said Miller.

Read Miller’s full statement below:

“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.”

Tom Miller, Iowa Attorney General