Saturday 24 August 2019

New anti-abortion laws that could make it impossible to undergo the procedure temporarily blocked by Arkansas judge

US district judge Kristine Baker granted a 14-day temporary restraining order shortly before midnight on Tuesday (stock photo)
US district judge Kristine Baker granted a 14-day temporary restraining order shortly before midnight on Tuesday (stock photo)

Andrew DeMillo

A US federal judge has blocked three new abortion restrictions from taking effect in Arkansas, including a measure that opponents say would likely force the state's only surgical abortion clinic to close.

US district judge Kristine Baker granted a 14-day temporary restraining order shortly before midnight on Tuesday.

The 159-page order blocks the state from enforcing the new laws, including a measure prohibiting the procedure 18 weeks into a woman's pregnancy.

It also included a requirement that doctors performing abortions be board-certified or board-eligible in obstetrics and gynaecology.

An official with a Little Rock clinic that performs surgical abortions said it has one physician who meets that requirement, but he only works there a few days every other month.

Judge Baker also blocked a law prohibiting doctors from performing an abortion if it is being sought because the foetus was diagnosed with Down's Syndrome.

The laws are being challenged by Little Rock Family Planning Services, the state's only surgical abortion clinic, and Planned Parenthood.

Planned Parenthood only offers medication-induced abortions at its Arkansas facilities. The group stopped providing medication-induced abortions at its Fayetteville unit earlier this month while it looks for a new location, but is still providing the procedure at its Little Rock centre.

The challenge was filed on behalf of the plaintiffs by American Civil Liberties Union (ACLU) of Arkansas.

Its spokeswoman, Holly Dickson, said ACLU attorneys are poring over the order and will release a statement later on Wednesday. For now, "we are so relieved that these bans and restrictions have been temporarily blocked from taking effect. And we are determined to see them blocked for good," she said.

Under current Arkansas law, a physician licensed to practice medicine in the state can perform abortions.

The additional qualification for abortion doctors is similar to a Mississippi law which a federal judge upheld last year.

Opponents say the requirement eliminates a large number of physicians who have had training in the procedure. The state has argued the additional qualification would protect patients.

Arkansas is one of two states with an 18-week ban. Utah enacted a similar restriction this year, but has agreed not to enforce the ban as it is being challenged in federal court.

Several states have laws banning abortion for genetic anomalies including Down's Syndrome, but North Dakota's is the only that is in effect. The others are also tied up in legal challenges.

Arkansas faces the prospect of losing its only surgical provider while neighbouring Missouri's only abortion clinic is fighting to continue providing the service.

If that facility closes, Missouri would be the first state without an abortion clinic since the year after the landmark 1973 Roe v Wade US supreme court decision that legalised the procedure nationwide.

The laws are among several new restrictions approved by the majority-Republican legislature in Arkansas this year.

Another law not challenged which is taking effect on Wednesday increases the waiting period before a woman can get an abortion from 48 hours to 72 hours.

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