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Ark. braced for abortion battle


March 08. 2013 12:02AM


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LITTLE ROCK, Ark. — Arkansas now has the nation’s most restrictive abortion law — a near-ban on the procedure from the 12th week of pregnancy — unless a lawsuit or court action intervenes before it takes effect this summer.


Lawmakers in the Republican-dominated Legislature defied Gov. Mike Beebe, overriding the Democrat’s veto. The House voted 56-33 on Wednesday to override Beebe’s veto, a day after the Senate voted to do the same.


The votes come less than a week after the Legislature overrode a veto of a separate bill banning most abortions starting in the 20th week of pregnancy. That bill took effect immediately after the final override vote, whereas the 12-week ban won’t take effect until this summer.


Abortion rights proponents have said they’ll sue to block the 12-week ban from taking effect. Beebe warned lawmakers that both measures would end up wasting taxpayers’ money with the state defending them in court, where, he said, they are likely to fail.


The measures’ supporters, who expected court challenges, were undaunted.


“Not the governor, nor anyone else other than the courts, can determine if something is constitutional or unconstitutional,” Rep. Bruce Westerman, a Republican from Hot Springs, said in urging his colleagues to override Beebe.


Bill sponsor Sen. Jason Rapert, a Republican from Conway, watched the vote from the House gallery and said a number of law firms have offered to help the state defend the laws in court, if it comes to that.


“I’m just grateful that this body has continued to stand up for the bills that have passed. The eyes of the entire nation were on the Arkansas House of Representatives today,” he said.


Beebe rejected both measures for the same reasons, saying they are unconstitutional and that they contradict the 1973 Roe v. Wade ruling that legalized abortion until a fetus could viably survive outside the womb. A fetus is generally considered viable at 22 to 24 weeks.


“The Arkansas Legislature has once again disregarded women’s health care and passed the most extreme anti-women’s health bill in the country,” said Jill June, the CEO of Planned Parenthood of the Heartland. “With this bill, the Arkansas Legislature will force many women to seek unsafe care.”


The 12-week ban would prohibit abortions from the point when a fetus’ heartbeat can typically be detected using an abdominal ultrasound. It includes exemptions for rape, incest, the life of the mother and highly lethal fetal disorders. The 20-week prohibition, which is based on the disputed claim that a fetus can feel pain by the 20th week and therefore deserves protection from abortion, includes all of the same exemptions except for fetal disorders.


Six Democrats joined with Republicans in voting to override the veto of the 12-week ban. Last week, only two Democrats voted to override the veto of the 20-week ban.




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