Federal Court Lets Arkansas Restrict Surgical Abortions For Now

FOR IMMEDIATE RELEASE
Wednesday, April 22, 2020

On Wednesday a three-judge panel from the Eighth Circuit Court of Appeals decided to let the State of Arkansas restrict surgical abortions while a lawsuit against the state progresses. The ruling removes a restraining order U.S. District Judge Kristine Baker in Little Rock had imposed on the state.

Family Council President Jerry Cox issued a statement, saying, “This is a very good decision. It is irresponsible to let abortionists keep performing surgical abortions at a time when other doctors and surgeons have been forced to postpone their operations. Why should abortion clinics be open for business as usual when so many other clinics are closed?”

Cox said it is only fair to make abortionists play by the same rules as other health clinics. “Abortion providers have said for years that abortion is just like any other procedure. Now they are saying that abortion is different. They want it both ways. Abortion clinics should have to operate by the same health and safety rules as everyone else during the pandemic.”

Cox said restricting surgical abortions will help slow the spread of coronavirus. “Elective surgical abortions waste precious medical resources, and we have ample evidence that women from neighboring states, including COVID-19 hotspots, have been coming to Arkansas for abortions. If we want to slow the spread of coronavirus, we need to put a stop to surgical abortions for the time being.”

Cox pointed out that the state’s directive concerning abortion is very specific. “This is a public health directive that applies to all elective surgeries, including surgical abortions. It does not apply to abortions performed using abortion drugs like RU-486. It does not apply to surgical abortions performed to save the life of the mother. It doesn’t stop abortion facilities from offering other healthcare services besides abortion. Arkansas’ health directive is very reasonable.”

Cox applauded the state’s leaders for addressing elective surgical abortions during the COVID-19 outbreak. “This is the right thing to do, if we want to slow the spread of the coronavirus. Governor Hutchinson and Secretary of Health Dr. Nathanial Smith have done an excellent job issuing these health directives. Arkansas Attorney General Leslie Rutledge has done a phenomenal job enforcing and defending the directives, and I am confident her team will win future pro-life victories in federal court as this legal battle continues.”

Family Council is a conservative education and research organization based in Little Rock, Arkansas.

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A.G.’s From Out of State Oppose Arkansas’ Abortion Restrictions

On Friday Attorneys General from 18 states and the District of Columbia filed an amicus brief in the Eighth Circuit Court of Appeals opposing Arkansas’ decision to restrict surgical abortions during the COVID-19 pandemic.

Here’s a recap of the events leading up to this point:

On March 30, Arkansas’ public health officials issued guidelines telling all medical clinics to postpone elective procedures, but abortion providers did not comply.

On April 3, state officials issued a directive prohibiting elective surgical procedures. Again, abortionists kept performing surgical abortions.

On April 7, inspectors from the State of Arkansas found proof that elective surgical abortions were taking place despite the state’s directives and guidelines.

On Friday, April 10, Little Rock Family Planning Services — Arkansas’ only surgical abortion clinic — received a “cease and desist” letter and was told to stop performing surgical abortions or face penalties from the state.

Abortionists filed a legal challenge on Monday, April 13, and U.S. District Judge Kristine Baker issued a restraining order against the state the following day.

On April 15 Attorney General Leslie Rutledge’s office asked the Eighth Circuit Court of Appeals to overturn Judge Baker’s restraining order.

On April 17, attorneys general from 18 states filed an amicus brief in favor of the abortionists in Arkansas.

It’s important to point out that Arkansas’ health directives don’t shut down abortion facilities. Rather, they prohibit certain procedures.

The public health directives from the State of Arkansas prohibit elective surgical procedures during the COVID-19 pandemic — including elective surgical abortions.

Surgical abortion wastes valuable medical resources and encourages people to travel to Arkansas from other states for abortion.

That’s why the State of Arkansas has worked so hard to address elective surgical abortion.

The state A.G.’s opposing Arkansas’ surgical abortion restrictions in the amicus brief are:

  • New York
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawai’i
  • Illinois
  • Maine
  • Massachusetts
  • Minnesota
  • Nevada
  • New Mexico
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Vermont
  • Virginia
  • Washington
  • The District of Columbia

This is not the first time these states have interfered with Arkansas’ laws and policies concerning abortion.

The same state attorneys general also filed an amicus brief in a separate lawsuit over some of Arkansas’ pro-life laws earlier this year.

In 2018 many of these same states filed an amicus brief in a lawsuit over Arkansas’ pro-life laws that prohibit dismemberment abortion; require aborted babies to be respectfully buried or cremated; expand reporting requirements for abortions performed on underage girls; and require abortion clinics to request part of a woman’s medical history before performing some abortions.

As we keep saying, Arkansas Attorney General Leslie Rutledge is doing more to fight for the right to life than any state A.G. we know.

Her team has won some major victories in the Eighth Circuit, and we are confident that other victories lie ahead.