Tuesday, May 21, 2013

Appeals court strikes down 20-week abortion ban

Posted By on Tue, May 21, 2013 at 2:25 PM

The 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.

This is good news for abortion rights generally, though not necessarily in Arkansas since we are in a different judicial circuit. But it should give some ammunition to fire at the new Arkansas ban on abortions at 20 weeks, a law that takes effect this summer. Legal action is being planned on that Arkansas law, but it presents more difficulties than the 12-week ban, recently enjoined by federal Judge Susan Webber Wright.

Here's the full 9th Circuit opinion.

Very few abortions are performed in Arkansas at 20 weeks or later (50 in 2011 according to state statistics) and they are not routinely provided by the centers that provide most of the abortions in the state, many of them medicine-induced abortions at the early stage of pregnancy. So the abortion providers who are plaintiffs in the 12-week suit aren't readily suited to be plaintiffs in the 20-week case, Most likely, a Jane Doe will be necessary and time will be critical, particularly to the woman, since surgical abortions provided late in pregnancy are invariably prompted by a serious medical condition of the woman or the fetus.

Arizona tried to use the same defense for its 20-week law that anti-abortionists cooked up in Arkansas for the 12-week ban. Because the law allows some exceptions, it doesn't amount to a "ban. But the 9th Circuit rejected that reasoning, saying the law still banned many abortions before viability, or the time the fetus could live outside the womb. That is prohibited by U.S. Supreme Court precedent. So far.

Hard to see how these same words from the 9th Circuit wouldn't apply in Arkansas:

The panel reversed the district court’s order denying declaratory and injunctive relief to plaintiffs and held that the Constitution does not permit the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable.

The panel held that under controlling Supreme Court precedent, Arizona may not deprive a woman of the choice to terminate her pregnancy at any point prior to viability. The panel held that Arizona House Bill 2036, enacted in April 2012, effects such a deprivation by prohibiting abortion from twenty weeks gestational age through fetal viability. The panel held that the twenty-week law is therefore unconstitutional under an unbroken stream of Supreme Court authority, beginning with Roe v. Wade and ending with Gonzales v. Carhart.

Concurring, Judge Kleinfeld stated that the current state of the law compelled him to concur, and that what controls this case is that the parties do not dispute that the twenty week line Arizona has drawn is three or four weeks prior to viability.

Tags: ,

Favorite

Speaking of Abortion, 20-week Abortion Ban

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

More by Max Brantley

  • Arkansas Times Recommends: A Literary Edition

    Arkansas Times Recommends is a series in which Times staff members (or whoever happens to be around at the time) highlight things we've been enjoying this week.
    • Jul 1, 2016
  • Little Rock camera catches package removal

    Thanks to KARK for a report on a home owner's surveillance camera that caught a piece of film of a young man picking up a package delivered minutes before by UPS and leaving.
    • Jul 1, 2016
  • The long weekend open line

    Here's the open line and the daily news video.
    • Jul 1, 2016
  • More »

Readers also liked…

  • The French Hill 'tis better to receive-than-give open line

    An open line that features new Congressman French HIll's antipathy in the Catholic newspaper to Obamacare as a "giveaway" to drug companies and hospitals. A Catholic nurse points out that children and other people in need are the real beneficiaries of this giveaway, along with Catholic hospitals.
    • Nov 15, 2014
  • Arkansas conservatives react to same-sex marriage decision

    Jason Rapert, Mike Huckabee, the Meeks bros, Jerry Cox — beyond these extremists, it's hard to find statements from other Arkansas conservatives. That tell you something?
    • Jun 26, 2015
  • The Benghazi bombshell: There is no bombshell

    A Republican investigation finds no wrongdoing by CIA, military or Obama administration in Benghazi matter. Quietly released after closing time Friday.
    • Nov 21, 2014

Most Shared

  • Defense for Suhl asks judge to dismiss bribery indictment, citing Supreme Court decision in McDonnell case

    Attorneys for the businessman argue that his cash payments to a former deputy director of DHS, Steven Jones, did not constitute corruption. They say prosecutors cannot prove the money was given in exchange for any particular "official act" from Jones.
  • Nursing home bribery case details suspect judicial fund-raising

    Plaintiffs' lawyers made their case today to continue to trial with the civil suit over then-Judge Mike Maggio's reduction of a $5.2 million jury verdict in a nursing home negligence case to $1 million, a reduction he said he made in return for campaign contributions from the nursing home's owner.
  • Arkansas Heirloom Tomatoes at Edwards Food Giant for the Fourth of July weekend

    We are receiving 200-pounds of large heirloom tomatoes Friday morning from Times publisher and farmer Alan Leveritt. We have dark, brick red Carbons, Goldies (large, high acid golden tomatoes) and Annis Noire, a delicious French heirloom that is green with red marbling when ripe.
  • When America was great

    Donald Trump is right. There was a time when America was great and it didn't pussyfoot around to avoid offending people who thought they were victimized by discrimination. It was, let's see, the period after World War II, when everyone prospered and America was kicking butts, at home and abroad, and Arkansas's leaders were at the center of it.
  • Resistance grows nationally to freeway expansions

    The U.S. Public Interest Research Group has issued a news release about freeway expansion with relevance in Little Rock. It's about wasting money to widen freeways that only create more congestion. Sound familiar?

Most Recent Comments

Blogroll

 

© 2016 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation