- Seattle socialist: Minimum-wage discussion skewed by ‘right-wing’ GAO analysis
- U.N. warns of Muslim ‘cleansing’ in Central African Republic
- Senate blocks change to military sex assault cases
- Drug mix may have cured child born with HIV, doctors say
- De Blasio’s wife irks former mansion chef with ‘servant’ remark
- Russia’s neighbors shiver amid Putin’s Cold War moves in Ukraine
- New SAT: The essay portion is to become optional
- Military group can’t march to honor the fallen at Boston Marathon due to security changes
- Senate passes bills deleting ‘retarded’ from laws
- China announces biggest military hike in 3 years: We are not ‘boy scouts with spears’
Ark. ‘heartbeat’ abortion law blocked
A federal judge Friday temporarily blocked a first-of-its-kind Arkansas law that would effectively have prevented most abortions after 12 weeks of pregnancy.
U.S. District Judge Susan Webber Wright granted the motion for preliminary injunction in a lawsuit brought by the American Civil Liberties Union (ACLU) of Arkansas and the Center for Reproductive Rights on behalf of two Little Rock abortion providers.
The ruling prevents the law from going into effect in August. The lawsuit on the law’s constitutionality will proceed on the merits.
The law was defended by Arkansas Deputy Attorney General Colin Jorgensen, who argued that the 2003 Supreme Court decision that upheld the Partial-Birth Abortion Ban Act showed that state regulations of abortions can be constitutional.
However, ACLU attorney Bettina Brownstein said U.S. Supreme Court rulings, including the 1973 Roe v. Wade decision, say that states cannot block abortions of “non-viable fetuses,” or those that cannot live outside the womb.
Arkansas’ new abortion law permits abortions in some circumstances, but “it is still a ban,” the judge ruled. ” … A plain reading of the act itself shows that.”
The new law, called the Arkansas Human Heartbeat Protection Act, was passed this year with bipartisan support in the Republican-led legislature. Lawmakers overrode a veto by Arkansas Gov. Mike Beebe, a Democrat, who called the law “blatantly unconstitutional.”
The law says that if a woman seeks an abortion at 12 weeks’ gestation, the doctor must check for a fetal heartbeat. If a heartbeat is detected, the abortion may be performed only under certain circumstances. These include pregnancies due to rape or incest or that are endangering the life of the mother, or cases in which the fetus has a “highly lethal” disorder.
Arkansas lawmakers said in March that their new law “squares” with other state laws and the Roe v. Wade ruling, and should withstand court challenges.
“We have chosen here to utilize language from Roe v. Wade that says the states have an interest in protecting human lives, especially fetuses at approximately the end of the first trimester and the beginning of the second trimester,” said Arkansas State Sen. Jason Rapert, a Republican. “That happens to be 12 weeks.”
Arkansas lawmakers also passed a law that would ban most abortions after 20 weeks gestation. That law is not challenged in this case.
On Wednesday, Judge Wright rejected a petition from the state to dismiss the lawsuit. She told the parties Friday that she was looking for enough evidence to issue the preliminary injunction.
Abortion providers Dr. Louis Jerry Edwards and Dr. Tom Tvedten are suing Dr. Joseph M. Beck and other officials of the Arkansas State Medical Board because the board is responsible for licensing medical professionals.
© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.
About the Author
Cheryl Wetzstein covers family and social issues as a national reporter for The Washington Times. She has been a reporter for three decades, working in New York City and Washington, D.C. Since joining The Washington Times in 1985, she has been a features writer, environmental and consumer affairs reporter, and assistant business editor.
Beginning in 1994, Mrs. Wetzstein worked exclusively ...
- Public accommodations provision in Md. transgender rights bill draws outcry
- German home-school family can stay in U.S. indefinitely
- U.S. Supreme Court declines German home-school case
- Medical facility 'buffer-zone' law in court
- Relationship video sparks backlash, blames the birth control pill
Latest Blog Entries
- Gay therapy ban author seeks Calif. House seat
- Transgender 'bathroom law' gets 5,000 more signatures
- Pro-life, stem-cell bill signed into law by Kansas Gov. Sam Brownback
- N. Dakota lawmakers approve tough abortion bill
- Pope Benedict XVI's successor should allow priests to get a new title: Husband, poll finds
TWT Video Picks
By Tammy Bruce
- Putin has transformed Russian army into a lean, mean fighting machine
- Bill Clinton cashes in on struggling nonprofit hospital
- DELAY: A revolution for the Constitution
- Unemployment insurance vote could happen next week
- Otter attacks, kills alligator at Florida wildlife refuge
- Back to the Future: HUVr Tech marketing video goes viral with hoverboard release tease
- Russias Putin nominated for Nobel Peace Prize
- R-S-P-E-C-T: Find out what it means for Obama
- BRUCE: Obama's bizarre immigration rules
- PRUDEN: Likening Putin to Hitler on Ukraine shows Hillary's shaky grasp of history
Pope Francis meets his 'mini-me'
Celebrity deaths in 2014
Winter storm hits states — again