Federal Judge Again Blocks Arkansas From Enforcing Pro-Life Laws

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On Tuesday U.S. District Judge Kristine Baker issued a temporary restraining preventing the State of Arkansas from enforcing four pro-life laws the legislature passed in 2017.

The four pro-life laws are:

  • Act 45 of 2017 prohibiting certain surgical abortion procedures that dismember a living unborn child.
  • Act 733 of 2017 prohibiting abortions performed due to the baby’s sex.
  • Act 1018 of 2017 requiring abortionists to report abortions performed on any girl under the age of 17 to the State Crime Lab in case the girl turns out to be the victim of sexual assault.
  • Act 603 of 2017 prohibiting biomedical and behavioral research on aborted fetal remains and requiring aborted fetal remains to be disposed of according to the Arkansas Final Disposition Rights Act of 2009.

This is the second time in three years that U.S. District Judge Kristine Baker has blocked these laws.

After the ACLU sued to have the laws struck down, Judge Baker blocked the laws from going into effect in 2017

However, a three-judge panel from the Eighth Circuit Court of Appeals lifted her injunction last August, and last week the Eighth Circuit denied the ACLU’s request for a re-hearing before the entire court.

This week the ACLU asked Judge Baker to issue a temporary restraining order against the four laws. The group also asked her to enjoin the laws altogether.

Judge Baker’s restraining order will last until Tuesday, January 5. Between now and then she will have the option of issuing a preliminary injunction that will block the laws while the lawsuit surrounding them continues.

Judge Baker has given the abortionists in Arkansas practically everything they have ever asked for in court — and we have seen her rulings overturned by the Eighth Circuit.

In fact last April the Eighth Circuit Court of Appeals issued a writ of mandamus against Judge Baker saying she overstepped her judicial authority after she decided to let abortionists in Little Rock continue operating in spite of state directives ordering elective surgical abortions to be postponed due to COVID-19.

In light of that, it’s no surprise that Judge Baker has blocked Arkansas from enforcing these good, pro-life laws.

However, there is a good possibility that the Eighth Circuit ultimately will reverse her decision and pave the way for these laws to go into effect — which could save hundreds of unborn children in Arkansas every single year.

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ACLU Files Motion to Block Four Pro-Life Laws in Arkansas

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On Monday the ACLU filed a motion in federal court to block four pro-life laws from going into effect in Arkansas.

The Arkansas Legislature enacted these laws in 2017, but they have been tied up in litigation ever since.

The laws are:

  • Act 45 of 2017 prohibiting certain surgical abortion procedures that dismember a living unborn child.
  • Act 733 of 2017 prohibiting abortions performed due to the baby’s sex.
  • Act 1018 of 2017 requiring abortionists to report abortions performed on any girl under the age of 17 to the State Crime Lab in case the girl turns out to be the victim of sexual assault.
  • Act 603 of 2017 prohibiting biomedical and behavioral research on aborted fetal remains and requiring aborted fetal remains to be disposed of according to the Arkansas Final Disposition Rights Act of 2009.

U.S. District Judge Kristine Baker initially blocked the laws from going into effect in 2017, but a three-judge panel from the Eighth Circuit Court of Appeals lifted her injunction last August.

Last week the Eighth Circuit denied the ACLU’s request for a re-hearing before the entire court.

Now the ACLU has asked the federal district court in Little Rock for a temporary restraining order against the four laws.

If granted, a temporary restraining order would prevent the State of Arkansas from enforcing these laws until the ACLU could challenge them further in court.

These are good laws that protect women from dangerous abortion practices and will save the lives of hundreds of unborn children every year.

Without a restraining order, the laws would go into effect tomorrow. However, the ACLU’s latest motion likely means the laws will remain tied up in litigation for the time being.

That said, so far these laws have fared very well in court, and they can’t remain in court forever. Eventually the courts will have to rule on the laws, and there’s a good possibility that all four of them will be upheld.

Below is a timeline of the legislative history and legal challenge surrounding these laws over the past four years:

  • January 26, 2017: The Arkansas Legislature passed Act 45 prohibiting some dismemberment abortion procedures, and sent the bill to Governor Hutchinson to be signed into law. Arkansas’ laws prohibiting sex-selection abortion, expanding the reporting requirements for abortions performed on underage girls, and prohibiting the buying and selling of aborted babies passed in the following weeks.
  • June 20, 2017: The ACLU filed a lawsuit challenging these four pro-life laws in court.
  • July 28, 2017: U.S. District Judge Kristine Baker issued a preliminary injunction blocking the State of Arkansas from enforcing these four laws. Judge Baker issued the injunction before the laws could go into effect. Arkansas Attorney General Leslie Rutledge appealed to the Eighth Circuit Court of Appeals.
  • March 19, 2020: The Eighth Circuit Court of Appeals indicated it would not make a decision on Judge Baker’s injunction until after the U.S. Supreme Court issued a decision in the June Medical Services v. Russo case. The Supreme Court’s decision in that case was expected to have implications for other pro-life laws.
  • June 29, 2020: The U.S. Supreme Court struck down a Louisiana pro-life law in its June Medical Services v. Russo ruling.
  • August 7, 2020: The Eighth Circuit Court of Appeals lifted U.S. District Judge Kristine Baker’s preliminary injunction against the laws. The Eighth Circuit sent Arkansas’ pro-life laws back down to Judge Baker’s court for reconsideration in light of nuances in the June Medical Services decision. The ACLU appealed that decision to the entire Eighth Circuit.
  • December 15, 2020: The Eighth Circuit declined to re-hear the ACLU’s case against the laws before the entire court.
  • December 21, 2020: The ACLU asked the federal District Court for the Eastern District of Arkansas for a temporary restraining order against the laws.

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Pro-Abortion Group Vows to Fight Legislation Prohibiting Abortion in Arkansas

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This week the pro-abortion group Arkansas Abortion Support Network issued a press release vowing to oppose S.B. 6, the Arkansas Unborn Child Protection Act, by Sen. Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville).

The Arkansas Unborn Child Protection Act would prohibit abortion in Arkansas except when the mother’s life is at risk. The bill would give the federal courts an opportunity to dismantle Roe v. Wade and other pro-abortion rulings.

Arkansas Abortion Support Network says it plans to organize phone calls to state legislators, post card writing campaigns, letters to the editor, and demonstrations at the Arkansas Capitol.

It’s important to remember that the vast majority of Arkansans believe abortion ought to be either completely illegal or legal only in certain circumstances. That’s what the Unborn Child Protection Act does.

Pro-life Arkansans need to be prepared to stand up for the sanctity and dignity of human life in 2021.

Family Council is committed to supporting S.B. 6, the Arkansas Unborn Child Protection Act, and we plan to encourage all of our friends and supporters around the state to do the same.

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