- Oregonians flee in face of fast-moving wildfire as homes go up in blaze
- Eric Holder: ‘Racial animus’ fuels opposition to Obama and me
- Sgt. Bowe Bergdahl to return to active duty at Fort Sam Houston
- Israel says it’s downed drone along southern coast
- Despite offensive, Gaza rockets still hit Israel
- Extra-time goal gives Germany World Cup title over Argentina
- Strong quake hits Japan, triggering tsunami
- Sniper heaven: Pentagon’s self-guided bullets leave enemies nowhere to hide
- Violent gang taking advantage of immigration crisis, using border as recruiting hub
- Medicaid enrollment continues to soar under Obamacare, administration says
Ark. ‘heartbeat’ abortion law blocked
Question of the Day
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 ...
- Denver lawsuit accuses abortion clinic of not reporting rape of 13-year-old
- Fewer abortion clinics in minority communities: study
- Census: More first-time mothers give birth out of wedlock
- Activists sue to block New Hampshire abortion 'buffer zone' law
- Pace of state laws against abortion slows in 2014
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 Robert N. Tracci
Congress must use its appropriations power to secure the border
- DOJ investigates Nebraska parade float critical of Obama
- Agency scrubs Malia Obama photos at White House's request: report
- A 'new Cold War': China's top paper warns of 'slippery slope' towards conflict with U.S.
- Violent gang MS-13 taking advantage of immigration crisis, using border as recruiting hub
- Emeryville, Calif., police chief: Guns aren't for defense
- Islamic State leader Abu Bakr al-Baghdadi formerly a U.S. captive
- KUHNER: Will Russia-Ukraine be Europe's next war?
- Germany wins World Cup title on Mario Goetze goal in extra time
- Obama's 'blank check' rejected as border solution
- New York City creates ID card so 500K illegal immigrants can get services
Obama's biggest White House 'fails'
Celebrities turned politicians
Athletes turned actors
20 gadgets that changed the world
Fighting in Iraq
World Cup's sexiest WAGs