Arkansas Supreme Court Continues Considering Arguments in Abortion Amendment Lawsuit

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On Friday the Arkansas Attorney General’s office and the group Arkansans for Limited Government both submitted briefs with the Arkansas Supreme Court as part of the lawsuit surrounding a proposed abortion amendment.

The Arkansas Abortion Amendment would change the constitution to prevent the State of Arkansas from restricting abortion during the first five months of pregnancy — which is more extreme than Roe v. Wade and would allow thousands of elective abortions on healthy women and unborn children every year.

The amendment does not contain any medical licensing or health and safety standards for abortion, and it does not require abortions to be performed by a physician or in a licensed medical facility.

It automatically nullifies all state laws that conflict with the amendment — jeopardizing basic abortion regulations like parental-consent and informed-consent requirements.

The measure also contains various exceptions that would permit abortion through all nine months of pregnancy in many cases.

Last month, Arkansans for Limited Government submitted petition signatures to place the Arkansas Abortion Amendment on the ballot. Bringing the amendment up for a vote would require at least 90,704 valid signatures from registered voters.

However, Secretary of State John Thurston disqualified every petition filed to place the abortion measure on the ballot, because the sponsors failed to provide affidavits that state law requires concerning paid petition canvassers.

By law, ballot initiative sponsors must file a statement confirming that each paid canvassers was given a copy of the state’s initiative and referenda handbook as well as an explanation of relevant state laws before he or she solicited petition signatures. The sponsors backing the abortion measure failed to file this specific documentation when they submitted the petitions for the abortion amendment. That prompted the Secretary of State to reject all of the petitions.

Arkansans for Limited Government subsequently filed a lawsuit against Secretary of State Thurston.

In its briefs filed Friday, Arkansans for Limited Government reiterated its belief that the group complied with state law and that the Secretary of State’s rejection was unlawful.

The Arkansas Attorney General’s office filed briefs explaining how the abortion group failed to comply with state law, and also provided supplemental evidence on Monday that the Secretary of State did not treat Arkansans for Limited Government differently from other ballot initiative sponsors.

A ruling in the case is expected sometime in the near future.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Report Highlights How Pro-Abortion “Shield Laws” Help Abortionists

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On Wednesday the pro-abortion organization Society of Family Planning released a report indicating that Arkansas has successfully stopped abortion and prevented doctors from prescribing abortion pills via telemedicine since the U.S. Supreme Court reversed Roe v. Wade. However, the report also highlights how so-called “shield laws” help abortionists in other states perform abortions on women from states like Arkansas.

The Society of Family Planning describes itself as “the source for abortion and contraception science,” and says it believes “in just and equitable abortion and contraception informed by science.”

The group’s report released Wednesday analyzed telemed abortions — in which abortionists prescribe abortion drugs electronically rather than at an in-person examination.

The report also discussed pro-abortion “shield laws” that protect abortionists who authorize abortions via telemedicine on women living in states that restrict or prohibit abortion.

Overall, the report found telemed abortions have increased across America — estimating that one in five abortions in America is now performed via telemedicine.

The data in the report shows that prior to the U.S. Supreme Court’s 2022 Dobbs decision, Arkansas averaged around 315 abortions per month. Since then, Arkansas has successfully prohibited abortion except to save the life of the mother, and the report indicates that no abortions have occurred in Arkansas as a result.

However, the report also reveals that thousands of telemed abortions have occurred in recent months in states with “shield laws” that protect abortionists. Those shield laws could protect an abortionist in a state like Maine or New York who performs an abortion on a woman from a state like Arkansas or Louisiana.

NPR reports that abortionists in Massachusetts are taking advantage of the state’s “shield law” to ship abortion drugs across state lines. In Massachusetts’ case, the shield law protects the abortionist from civil or criminal liability and from being extradited to the state where the abortion drugs were mailed.

Abortion drugs take the life of an unborn child. They also carry significant health risks for women — including risks of sepsis and death. In some cases, abortion drugs actually can be more dangerous that surgical abortion procedures.

Arkansas has prohibited telemed abortions for quite some time, and it is against the law to deliver abortion drugs by mail in Arkansas.

Arkansas Attorney General Tim Griffin has even taken steps to stop abortionists from promoting abortion drugs in Arkansas as well.

However, it may be difficult to enforce good laws like these in the future if other states use “shield laws” to give special protections to abortionists.

When the U.S. Supreme Court overturned Roe v. Wade in 2022, we said the decision marked a turning point for the pro-life movement. Going forward, pro-lifers would need to shift our focus from making abortion illegal to making abortion irrelevant and unthinkable as well. This latest abortion data shows that is still the case. If abortionists in other states are in fact performing abortions on women from Arkansas, then pro-lifers still have work to do.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Arkansas Supreme Court Continues Weighing Arguments in Lawsuit Over Proposed Abortion Amendment

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The Arkansas Supreme Court continues to weigh arguments over whether or not a proposal to write abortion into the state constitution may be eligible for the ballot this year.

On Friday, attorneys for Arkansans for Limited Government and the Secretary of State’s Office both filed briefs with the court as part of a lawsuit over the measure.

The Arkansas Abortion Amendment would change the constitution to prevent the State of Arkansas from restricting abortion during the first five months of pregnancy — which is more extreme than Roe v. Wade — and would allow thousands of elective abortions on healthy women and unborn children every year.

The amendment does not contain any medical licensing or health and safety standards for abortion, and it does not require abortions to be performed by a physician or in a licensed medical facility.

It automatically nullifies all state laws that conflict with the amendment, jeopardizing basic abortion regulations — like parental-consent and informed-consent requirements.

The measure also contains various exceptions that would permit abortion through all nine months of pregnancy in many cases.

Last month, Arkansans for Limited Government submitted petition signatures to place the Arkansas Abortion Amendment on the ballot. Bringing the amendment up for a vote would require at least 90,704 valid signatures from registered voters.

However, Secretary of State John Thurston disqualified every petition filed to place the abortion measure on the ballot, because the sponsors failed to provide affidavits that state law requires concerning paid petition canvassers.

By law, ballot initiative sponsors must file a statement confirming that each paid canvassers was given a copy of the state’s initiative and referenda handbook as well as an explanation of relevant state laws before he or she solicited petition signatures. The sponsors backing the abortion measure failed to file this specific documentation when they submitted the petitions for the abortion amendment. That prompted the Secretary of State to reject all of the petitions.

Arkansans for Limited Government filed a lawsuit claiming Secretary of State Thurston unlawfully rejected its petitions. Both sides have submitted arguments in court since then. Officials with the Arkansas Secretary of State also have provided testimony to the court confirming their office counted 87,675 abortion amendment signatures collected by volunteers. That is 3,029 fewer than necessary to qualify for the ballot.

In addition to the briefs submitted last Friday, the Arkansas Supreme Court has asked the Secretary of State and Arkansans for Limited Government to file additional briefs with the court this week — meaning this case may not be decided until at least mid-August.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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