Sunday, February 10, 2013
Abortion Rapert's abortion ban is unconstitutional
Posted by Max Brantley on Sun, Feb 10, 2013 at 7:39 AM
Nonetheless, it's useful to have articles such as this from Stephens Media in which a law professor underscores the point.
It's also worth, again, underscoring Rapert's dishonesty. For two years he claimed the original version of this bill wouldn't require invasive transvaginal probes to find a heartbeat. It did. Worse than that is this bodacious Rapert whopper:
Doctors generally consider a fetus to be viable at 23 or 24 weeks. No state currently bans abortions as early as 12 weeks, but Rapert told the House committee that if Arkansas were to adopt such a ban, it would withstand a court challenge.“The U.S. Supreme Court has allowed states to prohibit abortions before viability,” Rapert told the panel.
He said his bill was “vetted by legal scholars” but did not name them.
[Theresa] Beiner, who teaches constitutional law at UALR, said the court has never issued such a ruling.
“This all comes from Planned Parenthood v. Casey, where viability became the touchstone of when you could begin to prohibit abortions,” she said. “That doesn’t mean you can’t regulate abortions before viability, but it’s going to be regulation, it’s not going to be prohibition.”
Regulation and prohibition are two different things. Rapert knows this. He's glorying in the possibility Arkansas will defy the law and that some miracle will upend decades of court guidance. He simply lies. Do it often enough — and if the Stepford Republicans repeat the lie enough — you might convince a lot of people you're telling the truth.
Arkansas legislators took an oath to uphold the U.S. Constitution. Those who vote for this bill are knowingly violating that oath, just as the segs of Dixie did in the 1950s and 1960s. Backers of Andy Mayberry's 20-week abortion ban have a tiny shred of cover, in a decision at a district court in Arizona not applicable in Arkansas, where appellate precedent still applies. That one, too, is unconstitutional.
Speaking of...
-
Appeals court strikes down 20-week abortion ban
May 21, 2013The 9th U.S. Circuit Court of Appeals has struck down the Arizona law that put a ban on abortions beginning with the 20th week of pregnancy. /more/
-
Stormy morning: Shoffner, hospitals, abortion
May 21, 2013A morning report as Arkansas watches the stormy skies: * THE STATE TREASURER WATCH: Can Martha Shoffner really return to work today as state treasurer, overseeing billions in state investments, after admitting to FBI agents that she wrongfully accepted a pie stuffed with a cash kickback from a securities salesman she inordinately favored with state business? /more/
-
Practicing law with Bro. Rapert
May 18, 2013Sen. Jason Rapert, author of the patently unconstitutional bill to ban most abortions in Arkansas at the 12th week of pregnancy, took heart yesterday at Judge Susan Webber Wright's indication that she was inclined to uphold the part of the law that requires women seeking an abortion in the 12th week of pregnancy or later to have an ultrasound and to be shown the results of that test. /more/
-
Judge Wright issues injunction against abortion law
May 17, 2013The word from the federal courthouse is that federal Judge Susan Webber Wright has issued a preliminary injunction against enforcement of the new Arkansas law that was meant to bar most abortions at the 12th week of pregnancy. /more/
-
Women's rights in court this morning
May 17, 2013Leslie Newell Peacock will be in federal court for us this morning for the preliminary injunction hearing on the lawsuit challenging the new state law prohibiting most abortions after 12 weeks of pregnancy. /more/
-
The death and taxes open line
May 16, 2013The line is open. Closing out: * THERE THE GOP GOES AGAIN: The Arkansas Republican Party is in all-out assault mode on U.S. Sen. Mark Pryor, today pounding him for saying seven years ago that he supported permanent repeal of the estate tax (dishonestly called a "death tax" by the Republicans) but joining in recent bipartisan approval of what is now a dramatically lower estate tax. /more/
-
Guns and fetuses: A legislative review
May 16, 2013Crazy Davy Carter, the House speaker who is a potential Republican candidate for governor, won headlines all over today for remarks at a legislative conference in Hot Springs that Republicans need to move beyond guns and abortion to focus on issues more important to average Arkies. /more/
-
Judge refuses to dismiss suit challenging new 12-week abortion limit
May 15, 2013Federal Judge Susan Webber Wright has denied the state of Arkansas's motion to dismiss the ACLU-backed lawsuit challenging the new state law, passed over Gov. Mike Beebe's veto, to prevent most abortions after the 12th week of pregnancy. /more/
-
Morning report: Prescription drug watch
May 13, 2013The morning again begins slowly. But among others: * MONITORING DOCTORS' PRESCRIPTION PRACTICES: Pro Publica has published with the Washington Post a deep look at doctors' prescription practices under Medicare. /more/
-
How the Arkansas legislature has changed your life
May 9, 2013For better or for worse. /more/
- More »
Comments (29)
Showing 1-29 of 29
More by Max Brantley
-
State tax revenue dips in March UPDATE
The monthly state revenue report shows a dip in receipts in March, both against last year and below the forecast.
- Apr 2, 2013
-
A ride of silence for fallen bicyclists
A silent bike ride is scheduled a week from today in Little Rock. Bicycle Advocacy of Central Arkansas (BACA) and the Arkansas Bicycle Club are sponsoring the annual National Ride of Silence to remember those who have been killed or injured while bicycling and to recognize that bicyclists have a right to be on the roads.
- May 8, 2013
- More »
Event Calendar
-
Re: Martha Shoffner resigns as Arkansas state treasurer
I should add - I do believe in forgiveness, hope and redemption - but she…
- on May 21, 2013
-
Re: Martha Shoffner resigns as Arkansas state treasurer
Sad is a lot of things, folks. Even karma at times.
- on May 21, 2013
-
Re: Conservationists call for Buffalo protection on river, hog farm tour
And yet, oil was only a major part of our economy for 150 years. How…
- on May 21, 2013
Top Commenters
Blogroll
Slideshows
-
May 16, 2013
Site Index
News
Cover Story / Arkansas Reporter / The Week That Was / Smart Talk / The Insider / The Observer / Editorial / Max Brantley / Ernest Dumas / Gene Lyons / Bob Lancaster / Words / Guest Writer / Letters
Entertainment
A&E Feature / To-Do List / In Brief / Movie Reviews / Music Reviews / Theater Reviews / A&E News / Art Notes / Graham Gordy / Books / Media / Dining Reviews / Dining Guide / What's Cookin' / Calendar / The Televisionist / Movie Listings / Gallery Listings
This Week's Cover
Quick Links
Special Publications
RSS
Facebook
Twitter
