January 7, 2021

Eight Circuit Court of Appeals Upholds Injunction Against Two Pro-Life Arkansas Laws

On Tuesday, the Eighth Circuit Court of Appeals upheld a district judge's injunction that blocked two pro-life laws in Arkansas.

The first of the 2019 laws bans abortions that would take place after the 18th week of pregnancy, and the second law bans elective abortions that target an unborn child purely because they were diagnosed with Down syndrome. Both laws have exceptions for medical emergencies and cases of rape or incest.

In its ruling, the court wrote, “Before viability, a State ‘may not prohibit any woman from making the ultimate decision to terminate her pregnancy. It also may not impose upon the right an undue burden, which exists if a regulation’s ‘purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.”

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