Tuesday, May 27, 2014

Dustin McDaniel continues to do Jason Rapert's dirty work

Posted By on Tue, May 27, 2014 at 11:48 AM

The state of Arkansas has filed its appeal of Judge Susan Webber Wright's finding that the 2013 law prohibiting most abortions after 12 weeks' gestation is unconstitutional. You wonder how McDaniel and his staff sleep at night filing this kind of balderdash. It's a result of McDaniel's Faustian bargain with the Republican legislative majority to preserve his office budget by agreeing to defend to the death whatever claptrap Rapert and the religionists can pass through the legislature. Lots, it turns out. This one passed over Gov. Mike Beebe's override by the narrowest margin in the House.

Here's the slim reed on which McDaniel's office rests its defense of plainly unconstitutional legislation: It doesn't PROHIBIT abortions after 12 weeks, see. It allows a handful of exceptions for rape, incest, life of the mother (mighty generous) and medical emergencies. Thus, with a straight face, the state argues that the bill merely "regulates," rather than "prohibits" pre-viability abortion. Said the learned state counsel:

Act 301 does not have the purpose or the effect of placing a “substantial obstacle” in the path of a woman seeking an  abortion before the fetus attains viability.

That's dishonest. Dishonest well past Rapert's low standard for removal of public officials whose decisions he doesn't like. Rapert thinks all abortion is murder. He wants to stop it all. He started with an even more draconian bill, then moderated a bit and threw in a few clauses for attorney fig leaves. The law that passed will eliminate the vast majority of pre-viability abortions. Obstacle? What obstacle?

McDaniel should be ashamed.

McDaniel and Rapert also owe the state some straight answers on how much this defense of an unconstitutional law has cost and where, exactly, in the state budget this money has been allocated, not to mention winning plaintiffs' legal fees.


Read the state brief yourself. Pepto Bismol necessary.

Tags: , , ,

Favorite

Speaking of...

Comments (5)

Showing 1-5 of 5

Add a comment

 
Subscribe to this thread:
Showing 1-5 of 5

Add a comment

More by Max Brantley

  • Democrats back medical marijuana, sort of

    An AP Twitter caught my attention with this headline: "Eldridge, Arkansas Democrats back medical marijuana." The full story is more nuanced in the current Arkansas context.
    • Aug 29, 2016
  • Democrats sue to removed convicted Republican from House ballot

    State Rep. Johnnie Bolin, represented by the Democratic Party counsel Chris Burks, sued today in Drew County to have Republican James Hall removed from the November general election ballot as the Republican candidate for the currently vacant House District 9 seat.
    • Aug 29, 2016
  • Another week, another open line

    Here's the Monday open line and the daily news video.
    • Aug 29, 2016
  • More »

Readers also liked…

  • Mike Maggio pleads guilty to federal bribery charge

    Former Circuit Judge Mike Maggio of Conway pleaded guilty to federal bribery charges on Friday in U.S. District Court. The offense carries a maximum penalty of 10 years in prison and a $250,000 fine.
    • Jan 9, 2015
  • The LR School takeover: Inconvenient facts and a message for the 'plutocrats'

    As the state moves to take over the Little Rock School District, I have some thoughts on the uncomfortable facts being overlooked in the decision and a cry of outrage from a school parent at the "plutocrats" intent on wresting control from the School Board.
    • Jan 8, 2015
  • Sen. Keith Ingram urges opposition to legislative pay raises

    Sen. Keith Ingram of West Memphis has distributed a statement urging the public to write the independent citizens commission on elected officials pay raises and urge them not to increase current legislative pay.
    • Feb 19, 2015

Most Shared

Most Recent Comments

Blogroll

 

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