It has been exactly one year since the state General Assembly voted to prohibit abortion in Arkansas.
On March 3, 2021, the Arkansas House of Representatives made history when it voted overwhelmingly in favor of S.B. 6 — now Act 309 of 2021 — by by Sen. Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville). The measure previously passed the Arkansas Senate with strong support.
Governor Asa Hutchinson signed the measure into law on March 9, 2021.
This good, pro-life law prohibits abortion in Arkansas, except in cases when the mother’s life is in jeopardy.
Family Council worked closely with Sen. Rapert to pass this good bill that could save the lives of thousands of children, if enforced.
Act 309 was slated to take effect on July 28, 2021. However, the ACLU filed a lawsuit over Act 309, and U.S. District Judge Kristine Baker blocked the law just days before Act 309’s enforcement.
In August, Arkansas Attorney General Leslie Rutledge appealed Judge Baker’s decision to the Eighth Circuit.
However, during 2021 the U.S. Supreme Court agreed to take up the Dobbs v. Jackson Women’s Health Organization case regarding a Mississippi law that prohibits abortion after 15 weeks of pregnancy.
The Dobbs case is a direct challenge against Roe v. Wade. If the U.S. Supreme Court overturns Roe v. Wade or other pro-abortion rulings in that case, it will affect laws like Act 309.
In light of that, the Eighth Circuit Court of Appeals announced in September that it would wait for the U.S. Supreme Court to issue a decision in the Dobbs v. Jackson Women’s Health Organization case before considering the lawsuit over Arkansas’ Act 309 of 2021.
Right now pro-lifers expect the court to rule in the Dobbs case in June.
If the U.S. Supreme Court overturns Roe v. Wade, the Eighth Circuit may simply rule that Arkansas is free to enforce Act 309.
If the U.S. Supreme Court only partially overturns Roe, Arkansas has an opportunity to win additional pro-life victories in federal court as it defends Act 309.
Last year Arkansas and other states have passed a record-setting number of pro-life laws.
Most of those laws have gone unchallenged, and they are saving the lives of unborn children in Arkansas at this very moment.
Slowly but surely we are winning the fight against abortion.