cloudy
Tuesday February 9th, 2016 8:54AM

Judge strikes Arkansas' 12-week abortion ban

By The Associated Press
LITTLE ROCK, Ark. (AP) -- A federal judge Friday struck down Arkansas' attempt to ban most abortions beginning 12 weeks into a woman's pregnancy, saying viability, not a heartbeat, remains the key factor in determining whether abortions should be allowed.

U.S. District Judge Susan Webber Wright last year had stopped enforcement of the law while she reviewed it, and on Friday she declared that it was unconstitutional. She cited previous court decisions that said abortions shouldn't be restricted until after a fetus reaches viability, which is typically at 22 to 24 weeks.

"The state presents no evidence that a fetus can live outside the mother's womb at twelve weeks," the judge wrote.

By adopting a ban based on a fetal heartbeat, and not the ability to survive, the Arkansas Legislature had adopted the nation's toughest abortion law last March. Two weeks later, North Dakota lawmakers passed a bill restricting abortions at six weeks - or before some women would know they're pregnant. That law is on hold.

In her decision Friday, Wright said only a doctor could determine viability.

"The Supreme Court has ... stressed that it is not the proper function of the legislature or the courts to place viability at a specific point in the gestation period," Wright wrote.

Wright left in place a portion of the law that requires doctors to check for a fetal heartbeat and to notify the pregnant woman if one is present.

Gov. Mike Beebe, a Democrat, had vetoed the bill, citing the viability standard. But Republicans, controlling the Statehouse for the first time since Reconstruction, overrode him with a simple majority vote.

"The ruling is what the governor predicted in his veto letter last year," Beebe spokesman Matt DeCample said.

The state attorney general's office said it was reviewing possible next steps. "Today's decision was not a surprise," spokesman Aaron Sadler said.

Bettina Brownstein, who represented two doctors who perform abortions at a Little Rock clinic, said the 12-week ban was "demeaning to women."

"The law never should have been passed in the first place, it's so unquestionably unconstitutional," she said. She said it was unlikely that Drs. Louis Jerry Edwards and Tom Tvedten would appeal the portion of the law requiring them to notify patients if a heartbeat is detected.

"Practically, in my opinion, it has very little effect. It's duplicative of what doctors who perform abortions in Arkansas already have to do," she said.

State Sen. Jason Rapert, R-Conway, who sponsored the fetal heartbeat bill, said he was encouraged that that portion of the measure was upheld.

"Now, anyone who presents for abortion in our state, they're going to be given an opportunity to know if there's a living heartbeat in their womb, and that is a win for the pro-life movement," Rapert said. "When people have to face the reality that there's a living heartbeat in their womb, that will make them rethink about taking the life away from their baby."

The 12-week ban had included exemptions for rape, incest, the life of the mother and highly lethal fetal disorders. Legislators last year also passed a separate ban at 20 weeks, based on the disputed claim that fetuses can feel pain at that point.
© Copyright 2016 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 1 year ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 1 year ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 1 year ago )
U.S. News
State DOT awards $48M contract for NE Ga. road project
The state Department of Transportation has awarded a $47.8 million contract for nine miles of work on a northeast Georgia road.
9:37AM ( 1 year ago )
Business News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 1 year ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 1 year ago )
Maysville man dies from Banks County wreck
The Georgia State Patrol reports that alcohol and/or drugs were factors a single-vehicle wreck that claimed the life of a Maysville man in Banks County Tuesday night.
11:07AM ( 1 year ago )
Local/State News
GOP leader regrets talk to white supremacists; party leaders rally around him
House Republican leaders rallied around one of their own, Whip Steve Scalise, on Tuesday after he said he regrets speaking 12 years ago to a white supremacist organization and condemns the views of such groups.
6:08PM ( 1 year ago )
Conviction of Putin foe sets off protest in Moscow
President Vladimir Putin's chief political foe was convicted along with his brother on Tuesday in a fraud case widely seen as a vendetta by the Kremlin, triggering one of Russia's boldest anti-government demonstrations in years.
6:03PM ( 1 year ago )
More Georgians signing up for health insurance
A federal report says more Georgians have selected health insurance plans through a federally facilitated marketplace.
4:16PM ( 1 year ago )
Politics
President Barack Obama is asking Congress for more than $1.8 billion in emergency funding to help fight the Zika virus
WASHINGTON (AP) — President Barack Obama is asking Congress for more than $1.8 billion in emergency funding to fight the Zika virus and the mosquitoes that spread it here and abroad, but says "there s...
10:40PM ( 10 hours ago )
Search for Missouri couple wanted for crimes across the South, including Ga., ends with one suspect dead and the other wounded
A weeklong search for a Missouri couple wanted in a series of robberies and abductions across the South ended with one suspect dead and the other wounded Friday, after authorities say they chased the pair across the highway and through a rural neighborhood and exchanged gunfire with them in Florida's Panhandle.
By The Associated Press
9:57PM ( 3 days ago )
Cheap oil will be sticking around for a while, buoying consumers, frustrating oil producers
Cheap oil will be sticking around for a while.That reality is wreaking havoc and causing uncertainty for some governments and businesses, while creating financial windfalls for others. Less expensive...
6:18PM ( 6 days ago )
Cruz (R) expected to claim conservative Iowa caucus victory, with Clinton (D) and Sanders (D) deadlocked among liberal vote
Texas Sen. Ted Cruz swept to victory in Iowa's Republican caucuses Monday, overcoming billionaire Donald Trump and Florida Sen. Marco Rubio. Among Democrats, Hillary Clinton and Bernie Sanders were deadlocked in a tight race.
By The Associated Press
10:55PM ( 1 week ago )
America, its politics in flux as voting begins
On the eve of the first contest on the 2016 presidential election calendar, some voters are pushing for bolder, more uncompromising action, with an intensity that has shaken both the Republican and Democratic establishments.
By The Associated Press
9:00PM ( 1 week ago )