This was written by Myla, one of our student interns. The opinions expressed herein do not reflect those of Civitas other than respect for the value of open dialogue.
The fight for women’s rights continues as more abortion restrictions are enacted statewide. According to the Guttmacher Institute, there have been 562 abortion restrictions, including 165 abortion bans introduced across 47 states. Almost 90 of those restrictions have been enacted across 16 different states, including 10 bans. Many of these laws don’t include exceptions in the cases of those sexually assaulted or when the mother’s life is in danger.
Thankfully, some judges are protecting a woman’s right to privacy. On July 20, U.S. District Judge Kristine Baker temporarily blocked an Arkansas law banning nearly all abortions in the states. The law was set to take effect on July 28. According to NPR, “the ban allows the procedure to save the life of the mother in a medical emergency and does not provide exceptions for those impregnated in an act of rape or incest.” Under Senate Bill 6, if anyone performs or attempts to perform an abortion, it is considered an unclassified felony. Anyone convicted under the law could receive a fine of up to $100,000 or a prison sentence. Arkansas lawmakers signed into law one of the most restrictive, anti-abortion bills in the country.
Judge Baker considers the law to be unconstitutional because it would ban abortions before the fetus is considered viable. “Since the record at this stage of the proceedings indicates that women seeking abortions in Arkansas face an imminent threat to their constitutional rights, the Court concludes that they will suffer irreparable harm without injunctive relief,” Baker wrote. This wouldn’t be the first time that the judge has blocked legislation passed by the state legislature.
Arkansas Governor Asa Hutchinson, who is a supporter of pro-choice, has pushed for anti-abortion legislation since he assumed his office. In 2015, he signed a bill that requires the physical presence of a physician when a woman takes abortion-inducing medication. Of course, Judge Baker blocked this law.
Governor Asa Hutchinson (Source: Arkansas National Guard)
In 2017, Hutchinson signed four anti-abortion bills. Unsurprisingly, Judge Baker stopped those anti-abortion laws passed by the state legislature again. Those included:
- A requirement that medical records be obtained to determine whether a patient knows the sex of the fetus.
- A ban of second-trimester abortions.
- A requirement for girls under 17 to have their parents notified of an abortion
- A mandate that doctors seek input of sexual partners and family members regarding how to dispose of fetal remains (with no exceptions for rape, so that a woman could be forced into obtaining input from the man who raped her).
In 2019, he signed a bill that would ban abortion if Roe v. Wade were overturned by the Supreme Court. Later that year, he signed a bill banning abortions after 18 weeks of pregnancy. However, this bill is on hold due to its legality.
When Hutchinson signed Senate Bill 6 into law, he was proud of his decision. “SB6 is in contradiction of binding precedents of the U.S. Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law,” he said in a statement. “I would have preferred the legislation to include the exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances for a review by the U.S. Supreme Court.”
On the issue of abortion, there seems to be a pattern in the relations between Arkansas’s legislative and judicial branches. Similar to a basketball game, the legislature passes the ball (or bill) and Judge Baker blocks the ball (or bill). Since the beginning of 2021, the Arkansas state legislature has implemented twenty restrictions on abortion. Judge Baker has only had the opportunity to temporarily block one of them. Abortion access should not be restricted. After all, the statement still stands: ‘girls just wanna have FUNdamental human rights!’
