Two longtime midwives are suing Iowa over a state law that they say unconstitutionally discriminates against their profession, preventing them from opening a freestanding birth center that would compete against local hospitals.
The midwives claim that the state’s certificate of need (CON) process is unconstitutional and gives established businesses, particularly hospitals, a so-called competitor’s veto preventing them from opening a proper care facility. At present, they use their clients’ own homes or other locations pre-arranged by clients, including hotel rooms, short-term rentals, or friends’ houses for childbirths.