Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

May-17-13

Doctors Ask Judge to Block 12 Week Ban During Legal Challenge

Two doctors have requested that a federal judge temporarily block enforcement of Arkansas' 12 week abortion ban while the ban is facing legal challenges.

The "Human Heartbeat Protection Act," or Act 301, bans abortion once a human heartbeat is detected using a standard abdominal ultrasound, usually at 12 weeks gestation. The bill was passed into law when the state legislature voted to override the governor's veto. The ACLU and Center for Reproductive Rights have filed a lawsuit on behalf of two doctors in the state who are challenging the constitutionality of the pre-viability ban. They have also filed a request to block the enforcement of the ban while their lawsuit is pending. If no injunction is granted, the bill will take affect after August 16, 2013.

Earlier this month, the Attorney General for the state of Arkansas filed a motion to dismiss the case. However, U.S. District Judge Susan Webber Wright rejected their motion, stating that the doctors had provided a strong enough case to proceed with the lawsuit. In her ruling on the dismissal, she wrote, "The court finds at this pleading stage, plaintiffs have demonstrated a realistic danger of sustaining a direct injury as a result of Act 301's operation or enforcement, and they have presented a justiciable controversy that is ripe for review."

If a doctor terminates a pregnancy after 12 weeks that is not a result of rape, incest, or is to save the life of the mother, they could potentially lose their license. Opponents of the ban continued in her ruling, "Accepting these allegations as true, as the court must do at this juncture, the court finds that plaintiffs have alleged facts sufficient to state a claim that the provision of Act 301 that prohibits abortions at 12 weeks gestation when a fetal heartbeat is detected impermissibly infringes a woman's Fourteenth Amendment right to choose to terminate a pregnancy before viability."

A hearing is scheduled for today to determine whether or not to grant the plaintiffs' request to block enforcement. The case is Edwards v. Beck, 13-cv-00224, U.S. District Court, Eastern District of Arkansas.

Media Resources: Bloomberg 5/17/2013; Log Cabin Democrat 5/16/2013; Associated Press 5/15/2013; Feminist Newswire 5/8/2013


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

5/22/2015 Senate Votes to Advance "Fast Tracking" of Dangerous Trade Agreement - The US Senate voted 62 to 38 yesterday to advance "fast track" trade legislation, just one week after Senate Democrats filibustered the controversial bill that would allow President Obama to force Congress to vote up-or-down on the Trans-Pacific Partnership (TPP) agreement. The TPP is a far-reaching trade agreement that has faced staunch opposition from a broad coalition of labor, environmental, women's rights, and human rights groups. . . .
 
5/22/2015 New York Politicians, Advocates, and Activists Have Come Together to Protect Nail Salon Workers - Following a report by the New York Times on the exploitation of nail salon workers almost two weeks ago, New York state and city officials have partnered with advocates and volunteers to bring comprehensive educational programs and labor reforms to the 5,000 licensed salons in the state. Governor Andrew Cuomo (D), who ordered emergency measures last week in the wake of the report - including posting workers' rights information in salons in different languages, shutting down unlicensed salons, implementing new safety requirements, and creating an educational campaign aimed at employees and managers - has introduced a legislative package aimed at building upon those reforms and leading the way for long-term protection for nail salon workers. . . .
 
5/20/2015 New York Attorney General Moves to Expand Access to Contraceptives - New York Attorney General Eric Schneiderman introduced the Comprehensive Contraception Coverage Act of 2015 last week to enhance the availability of contraception for New Yorkers. The bill codifies the federal Affordable Care Act (ACA) in New York state law while strengthening and expanding many of its provisions. . . .