Arkansas has enacted the nation's strictest anti-abortion law, banning all
abortions after 12 weeks from conception. It is the earliest such ban in the
nation.
The law would also require an ultrasound be performed before any abortion
procedure, and if a heartbeat was detected, the abortion could not proceed.
The measure would affect one in 10 abortions performed in the state,
according to federal statistics cited by The Washington Post.
The House of Representatives voted Wednesday to override Democratic
governor Mike Beebe's veto of the measure, a day after the Senate did the
same.
Opponents of abortion have praised the measure, and its backers in the
legislature had gained national renown as they led the charge to enact it.
Even before the override, though, opponents were pledging to challenge the
measure in court. Beebe and most Democrats opposed the legislation, which will
take effect this summer.
The U.S. Supreme Court, in its rulings on abortion, has generally said
states cannot ban the procedures before a fetus becomes "viable," or would be
able to survive on its own outside the womb. That's generally thought to be
the case a full 10 weeks or so later than the 12-week mark established by
Arkansas' new law. Earlier this session, lawmakers also overrode a
gubernatorial veto to enact a ban on abortions after 20 weeks.
But the 12-week measure is significantly more restrictive and therefore
more vulnerable to a legal challenge. Beebe, in vetoing the latest measure
earlier this week, cited those concerns in his message to lawmakers.
"Because it would impose a ban on a woman's right to choose an elective,
nontherapeutic abortion well before viability, Senate Bill 134 blatantly
contradicts the United States Constitution, as interpreted by the Supreme
Court," he wrote.
Supporters of the 12-week ban say a fetus would be viable long before the
20-week period, and cite the possibility of a heartbeat as evidence.
Nonetheless, Beebe also warned that the legal battle likely to follow the
measure's enactment would be an added burden on the state. "The adoption of
blatantly unconstitutional laws can be very costly to the taxpayers of our
State," he wrote.
Republicans largely carried the override in both chambers – where they
hold majorities for the first time since Reconstruction. A simple majority was
all that was required. The override gained no Democratic support in the
Senate, but did see five Democratic votes in the House.
The coming legal fight will depend on how abortion rights advocates
proceed with expected court challenges. But supporters of the law may relish
the battle as well. Increasingly, anti-abortion advocates have set upon
enacting tougher restrictions in states around the country hoping to open an
opportunity to re-litigate the Supreme Court's allowance of abortion, which
dates back to the Roe v. Wade decision in 1973.
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News Column
Arkansas Passes Strictest Abortion Law in US
March 7, 2013
Jake Grovum, Stateline.org
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Source: (c)2013 Stateline.org Distributed by MCT Information Services
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