ACLU's case against Supreme Court review of invalidated 12-week abortion ban | Arkansas Blog

Thursday, December 10, 2015

ACLU's case against Supreme Court review of invalidated 12-week abortion ban

Posted By on Thu, Dec 10, 2015 at 4:34 PM

The ACLU of Arkansas filed its brief opposing Attorney General Leslie Rutledge's appeal for the U.S. Supreme Court to take up two lower court rulings invalidating the state's ban on abortion at 12 weeks.

It's pretty simple really. The ban occurs well before viability of the fetus, in conflict with several major court precedents. There is no dispute among the various circuit courts to resolve. There is no precedent to allow the states to make their own decisions. The state offers no good reason for the court to reconsider 40 years of precedent.

All this was true before Sen. Jason Rapert even introduced the bill, but the legislature passed it anyway, over Gov. Mike Beebe's veto and has continued to waste money pursuing fruitless appeals.

For the record:


The brief makes the useful point that the exceptions are even narrower than the state claims, functionally mostly to save the life of the mother. Many rape victims could not claim that exception. Exceptions for grave fetal abnormalities are not certain. And there are other flaws. But this bill was never about protecting the interests of women.

Lower court rulings upheld the law's requirement for fetal heartbeat tests, but the brief says this provides no basis for ending viability as the standard. Nor are "safe haven laws" transferring power to states or laws that encourage women to put unwanted children up for adoption justifications for interfering with a woman's rights, the brief says.

Casey was clear that the liberty interest at stake is not only the right to “avoid unwanted parenthood,” as Petitioners suggest, but also the right of a woman to determine her “own concept of existence,” and to determine for herself whether and when to undergo the “anxieties, physical constraints, [and] pain that only she must bear” in pregnancy and childbirth. This Court concluded that her “suffering is too intimate and personal for the State to insist, without more, upon its own vision of [her] role

Tags: , , , , ,

From the ArkTimes store

Favorite

Comments (11)

Showing 1-11 of 11

Add a comment

 
Subscribe to this thread:
Showing 1-11 of 11

Add a comment

More by Max Brantley

  • Charter secret

    These are hard times for those who believe in traditional public schools, run by democratically elected representatives, open to all on equal terms.
    • Aug 17, 2017
  • Police announced beefed-up patrols

    Little Rock police are stepping up patrols on account of rising violent crime. Meh.
    • Aug 16, 2017
  • Free streetcar service extended through December

    Rock Region Metro says it will extend free service on the River Rail streetcar lines through December
    • Aug 16, 2017
  • More »

Readers also liked…

  • Auditor Lea caught not telling the truth

    State Auditor Andrea Lea, who began her tenure in statewide office with a degree of competence unseen in some other Republican counterparts (think Treasurer Dennis Milligan particularly), is becoming more deeply mired in a political scandal.
    • Mar 4, 2016
  • Baseball fans have a new place to stay

    If you missed out on Razorback baseball home games this year because you couldn’t find a great place to stay, your problem is now solved: Staybridge Suites of Fayetteville is now fully renovated and located directly across from Baum Stadium, with free parking for hotel guests.
    • May 22, 2017
  • Another Republican miracle-working governor

    Great piece in Washington Post on the budget crisis in Louisiana. Big tax cuts and corporate welfare will do that to a state, particularly to a state whose previous governor, Republican Bobby Jindal, refused to join the Obamacare-funded Medicaid expansion. There's a lesson there for Arkansas.
    • Mar 4, 2016

Most Viewed

  • Arkansas-linked Charlottesville marcher identified, apologizes to those misidentified

    A man who says he's a former University of Arkansas student now living in New England has identified himself as the person wearing an "Arkansas Engineering" T-shirt in the Friday white supremacist march in Fayetteville. He apologized for involving UA in the story and to the professor misidentified as being the person wearing the shirt.

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation