In a heartening decision for pro-life advocates, the US Supreme Court opted not to overturn Arkansas’ ban on abortion by medication. The Court heard arguments pertaining to the law on appeal from a lower court, but declined to offer an opinion. The case now returns to the lower courts via a remand from all nine of the nation’s top justices.
Abortion provider Planned Parenthood initiated the suite, and may still ask a federal judge to block Arkansas’ law. “Arkansas is now shamefully responsible for being the first state to ban medication abortion,” said Dawn Laguens, Planned Parenthood’s executive vice president. “This law cannot and must not stand.”
Laguens argues that the courts should consider the law an “undue burden,” since it also imposes radical limits on conventional abortions in Arkansas. Indeed, under the statute two of the state’s three abortion clinics would close their doors, leaving only one facility operational.
Arkansas has attempted to legalize similarly robust protections for unborn children in the past, including a recent effort to institute a 12-week abortion ban. That law, however, succumbed to a blocking order by a federal appeals court.
Arkansas’ newest pro-life measure may similarly fail to withstand judicial scrutiny: In 2016, the Supreme court struck down comparable abortion restrictions in the landmark case Whole Woman’s Health v. Hellerstedt.
Family Council Executive Director Jerry Cox, however, remains optimistic. “This is very good news for people who care about the safety of women in Arkansas,” he stated. “This is a pro-life victory not only for the women of Arkansas, but for women across the nation. I’m sure other states will be looking at Arkansas and considering following our example.”