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Thread: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

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    Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Arkansas to ban abortion at 12 weeks, earliest in nation - chicagotribune.com
    LITTLE ROCK, Ark (Reuters) - Arkansas was set to enact the nation's most restrictive law on abortion, banning most abortions after 12 weeks of pregnancy, after the state's Republican-controlled House on Wednesday voted to override the governor's veto of the bill.

    Representatives voted 56-33 to override the veto by Democratic Governor Mike Beebe, which followed the state Senate's override on Tuesday. In Arkansas, lawmakers can override a veto with a simple majority vote.

    The Arkansas Human Heartbeat Protection Act will go into effect 90 days after the formal adjournment of the legislative session. The session was set to adjourn May 17, though it could be extended.

    Arkansas will have the earliest abortion ban in the country, according to the Guttmacher Institute, a research group that supports abortion rights.

    The measure bans most abortions at about 12 weeks of pregnancy, once a fetal heartbeat can be detected by a standard ultrasound. It includes exemptions for rape, incest, the life of the mother and major fetal conditions. Doctors who violate the prohibition would have their licenses revoked by the state medical board.

    The fetal heartbeat bill was one of one of several bills introduced by Arkansas Republicans this year seeking to restrict abortion. This is the first time the party has controlled both chambers since the Reconstruction era following the Civil War.

    Beebe said in his veto letter the heartbeat bill "blatantly contradicts" the U.S. Constitution as interpreted by the Supreme Court, and he questioned the potential cost to taxpayers of defending it against legal challenges.
    I don't know the exact wording, but wasn't Roe v. Wade vague in the age of the fetus? I think this is borderline in compliance with the SCOTUS ruling and will probably end up going to the SCOTUS.

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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Seems likely. Complicating the situation is that 12 weeks is a de facto ban for a lot of people.

    And what the hell is the point of a veto if a simple majority overrides it?
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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    This simply means lots of women travelling to the next state for an abortion or worse still - back room abortions if they are not allowed to travel.

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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Actually, it may be in violation of the ruling.

    3. State criminal abortion laws, like those involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman's approach to term. Pp. 410 U. S. 147-164.

    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. Pp. 410 U. S. 163, 410 U. S. 164.

    (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 410 U. S. 163, 410 U. S. 164.

    (c) For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother. Pp. 410 U. S. 163-164; 410 U. S. 164-165.
    Looks like the state is very limited in the second trimester, which 12 weeks would fall under.

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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Quote Originally Posted by Infinite Chaos View Post
    This simply means lots of women travelling to the next state for an abortion or worse still - back room abortions if they are not allowed to travel.
    I don't think I follow. Would there be a state border patrol checking all leaving vehicles for women headed to an abortion clinic? The bill bans doctors from performing the abortion, not women from getting one.

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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    I support a 12 week line.

    No apologies - I am pro-choice with limits . . . 20 weeks is just too damn long. If you haven't made a decision by then what he hell have you been doing?
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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    I think the government shouldn't be involved in abortion. I don't think bureaucrats should be able to legislate on something that can be complex. It is something between the patient and doctor....politicians should be out of this.
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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Quote Originally Posted by AreteCourage View Post
    I think the government shouldn't be involved in abortion. I don't think bureaucrats should be able to legislate on something that can be complex. It is something between the patient and doctor....politicians should be out of this.
    No involvement? You mean anyone should be able to open an abortion clinic from their home, and perform abortions without any medical training?

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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Quote Originally Posted by Aunt Spiker View Post
    I support a 12 week line.

    No apologies - I am pro-choice with limits . . . 20 weeks is just too damn long. If you haven't made a decision by then what he hell have you been doing?
    Keep in mind that for some period of time you might not even be aware of the pregnancy.
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    re: Arkansas to ban abortion at 12 weeks, earliest in nation [W:1036:1154]

    Quote Originally Posted by Pilot View Post
    No involvement? You mean anyone should be able to open an abortion clinic from their home, and perform abortions without any medical training?
    Of course they can have standards like all medical facilities. My argument is against them making dates of when it can or cannot happen...saying whether or not it can happen...that isn't something for a bureaucrat to decide.
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