Federal Judge Blocks Arkansas Law Banning Most Abortions

The legal challenge and temporary blockade of the Arkansas law came after the U.S. Supreme Court agreed to include a major abortion case in the next term, involving a controversial Mississippi bill that would ban most abortions after 15 weeks. Wade before the majority conservative court. U.S. District Judge Kristine Baker blocked an Arkansas law that bans nearly all abortions and issued an injunction preventing enforcement of the law while questioning its constitutionality. Rick McFarland/The Arkansas Democrat-Gazette via AP Hide the caption Arkansas has passed 20 abortion restrictions this year, the highest number in a single state since Louisiana passed as many in 1978, according to the Guttmacher Institute, a research organization that supports reproductive rights. Arkansas already had some of the strictest abortion measures in the country, and two years ago Hutchinson signed a bill that would ban the procedure if the Roe decision was overturned. Another measure signed by Hutchinson in 2019 that bans abortions after 18 weeks of pregnancy is suspended due to a legal challenge. However, U.S. District Judge Kristine Baker issued an injunction temporarily ending the law as a victory for pro-choice supporters while a lawsuit against its constitutionality is pending. A federal judge on Tuesday blocked a law passed in Arkansas that would ban nearly all abortions.

The case, which involves a Mississippi bill banning abortion 15 weeks after a woman`s pregnancy, is expected to be discussed in the fall, with a decision likely in spring 2022. LITTLE ROCK, Arkansas (AP) — A federal judge on Tuesday blocked an Arkansas law that bans nearly all abortions in the state while hearing a challenge to its constitutionality. Hutchinson`s statement that the law was unconstitutional was cited in the complaint, which called the law « a direct affront to nearly half a century of uninterrupted Supreme Court jurisprudence. » The American Civil Liberties Union, the Planned Parenthood Federation of America and others filed a challenge to the ban in May. In May, the Supreme Court agreed to take up a Mississippi case over whether states can ban abortions before a fetus can survive outside the womb. The ruling could significantly change nearly five decades of decisions on the procedure and is considered one of the most important abortion cases since Roe because it defies precedent. The U.S. Supreme Court agreed in May to open a case over whether states can ban abortions before a fetus can survive outside the womb, a showdown that could dramatically change nearly 50 years of decisions on the procedure. The Texas law is expected to go into effect in September, creating incentives for individuals to enforce the abortion ban — and to award at least $10,000 if their lawsuit is successful. Hutchinson, who signed the bill despite expressing concern that it did not include provisions for abortions in cases of rape or incest, said in March that he understood the ban « is currently unconstitutional among Supreme Court cases. » A federal judge on Tuesday temporarily blocked an Arkansas law banning nearly all abortions, calling it an « imminent threat » to the constitutional rights of women seeking abortions in the state. It concluded that the plaintiffs in this case had the power to challenge the law with respect to how it affected « pregnancy abortions » and that they were « likely to succeed on the merits » of their argument. Arkansas` abortion law would only allow abortions to save the mother`s life and would make no exceptions in cases of rape or incest.

The law would prohibit clinical providers from performing abortions « except to save a pregnant woman`s life in a medical emergency. » Nor does it provide exemptions for pregnancies resulting from incest or rape or involving fetal abnormalities. « Because records at this stage of the trial indicate that women seeking abortions in Arkansas face an imminent threat to their constitutional rights, the court concludes that they will suffer irreparable harm without injunctive relief, » she wrote. Burrows conceded in an interview with CNN before the measure was blocked that the judge could delay the decision to permanently block Arkansas` law until the Supreme Court makes a decision on banning Mississippi, most likely next year. Baker responded to the challenge of abortion rights advocates, writing that banning abortions before a fetus is deemed viable is « categorically unconstitutional. » Arkansas already has some of the strictest abortion measures in the country. According to the Guttmacher Institute, a research organization that supports reproductive rights, Arkansas has already passed 20 abortion restrictions this year, the highest number in a single state since a Louisiana record in 1978. U.S. District Judge Kristine Baker wrote that the ban is « categorically unconstitutional » because it prohibits abortions before a fetus is deemed viable. A federal judge on Tuesday issued a preliminary injunction blocking a recently passed law in Arkansas that would have banned nearly all abortions in the state.

The ban was due to be lifted on 28 July. It was signed into law by Governor Asa Hutchinson (R) in March. The ban, which is one of the strictest anti-abortion laws in the country, would prevent abortion except in life-saving situations, and does not include exceptions for rape or incest. The Supreme Court said in May it would review Mississippi`s ban on abortions after 15 weeks of pregnancy. U.S. District Judge Kristine G. Baker on Tuesday temporarily blocked a ban on nearly all abortions in Arkansas, while a lawsuit against the measure continues, an early victory for abortion rights advocates as many restrictions pushed in the states this spring are expected to go to court. Baker`s order is the second abortion ban enacted in 2021 to be blocked in court after another federal judge temporarily blocked South Carolina`s so-called heartbeat ban in February. « She will review it to consider the appropriate next step to protect the life of the unborn child, » spokeswoman Stephanie Sharp said in an email. The ban allows the procedure to save the mother`s life in the event of a medical emergency and does not provide for exceptions for people fertilized by an act of rape or incest.

With the wave of abortion restrictions emanating from conservative state legislatures this year, more litigation is expected. So far in 2021, South Carolina, Oklahoma, Idaho and Texas have codified abortion bans at the onset of fetal heart rate, Arkansas and Oklahoma have enacted near-total abortion bans, and Montana has banned the procedure after 20 weeks. None of these laws have entered into force, either as a result of court proceedings or subsequent enactments. Hutchinson, who signed the bill in March, said, « I signed it because it`s a direct challenge to Roe v Wade, » referring to the historic precedent of the U.S. Supreme Court that established a woman`s constitutional right to abortion in 1973. Baker ruled that the law means that Arkansas women « face an imminent threat to their constitutional rights » and « suffer irreparable harm without injunctive relief. » « We are relieved that the court has blocked another cruel and harmful attempt to criminalize abortion care and interfere with the deeply personal medical decisions of the Arkansans, » Holly Dickson, executive director of the Arkansas ACLU, said in a statement. CNN`s Paul LeBlanc contributed to this report. The ACLU, the Arkansas ACLU, the Planned Parenthood Federation of American and several abortion providers filed a lawsuit against the new law in Arkansas in May, citing Rutledge`s view that it is expected to go into effect on July 28. « This legislation had the dual purpose of protecting the unborn child of Arkansas and challenging the Supreme Court`s longstanding precedent regarding abortion, » he said in a statement. « I hope the Supreme Court will eventually accept this case for review, » Hutchinson said, hoping the U.S. Supreme Court would eventually take over the case.

U.S. District Judge Kristine Baker issued an injunction that impeded enforcement and was scheduled to take effect on July 28. The measure was passed by the Republican-dominated legislature and signed into law by Republican Governor Asa Hutchinson. Left: In this June photo, Arkansas Governor Asa Hutchinson walks through the Dirksen Senate building in Washington, DC. Photo by Joshua Roberts/Reuters « The attorney general is disappointed with Judge Baker`s decision today, » spokeswoman Stephanie Sharp said. « She will review it to consider the appropriate next step to protect the life of the unborn child. » « Arkansas has pursued a clearly unconstitutional law that would disproportionately harm people of color, people living in rural areas, and low-income people, » who already face significant barriers to accessing health care and a higher risk of pregnancy-related death.  » said Meagan Burrows, advocate for the ACLU Project for Reproductive Freedom. Today`s court ruling should serve as a stark reminder to anti-abortion policymakers in Arkansas and other states that they cannot deprive people of the right to make the deeply personal decision to have an abortion or continue a pregnancy.

We will continue to fight for abortion to remain legal in Arkansas and for the state`s unconstitutional ban to be lifted forever.