POST Online Media Lite Edition



 

Coalition fighting Arkansas’ unconstitutional abortion ban during coronavirus pandemic

Christian Fernsby |
New York Attorney General Letitia James has led a multistate coalition of 19 attorneys general in seeking to stop the State of Arkansas from banning almost all procedural abortions in the state, as the state uses the coronavirus disease public health crisis as an excuse.

Article continues below



Topics: ARKANSAS    CORONAVIRUS   

Continuing her leadership of the nation’s fight to protect women’s reproductive health, Attorney General James led the coalition in filing an amicus brief in the U.S.

Court of Appeals for the Eighth Circuit, supporting the plaintiffs in Little Rock Family Planning Services v. In re Leslie Rutledge, as they fight to preserve access to reproductive health care for the women across Arkansas.

Women seeking an abortion in Arkansas typically have the choice between one of two options: a medication abortion (induced by taking two different prescription drugs) or a procedural abortion (a procedure performed by aspiration or by dilation and evacuation, neither of which involves general anesthesia or incision).

Medication abortions can take place through the 10th week of pregnancy in Arkansas, while a procedural abortion can currently take place through approximately 22 weeks of pregnancy, despite new state laws, passed last year, attempting to scale back that period to just 18 weeks.

Only one abortion clinic in the entire State of Arkansas is currently licensed to perform procedural abortions — the Little Rock Family Planning Services (LRFPS) health clinic.

On March 11, 2020, Arkansas Governor Asa Hutchinson issued Executive Order 20-03, declaring a state of emergency.

Ten days later, on March 21, 2020, the Arkansas Department of Health (ADH) issued a public statement recommending that health care facilities and clinicians “prioritize urgent and emergency visits and procedures now and for the coming several weeks.” The statement detailed that its goals were to “preserve staff, personal protective equipment (PPE), and patient care supplies; ensure staff and patient safety; and expand available hospital capacity during the COVID-19 pandemic.”

The ADH stated that “[p]rocedures … that can be safely postponed shall be rescheduled to an appropriate future date.” The ADH issued another directive on April 3 with the same language as the March 21 directive, but which further specified that “urgent” and “care designated as an exception…will continue,” including care for circumstances in which “there is a risk of…progression of staging of a…condition if surgery is not performed.”

On April 1, representatives from the ADH called LRFPS twice to inquire about what the clinic was doing to reduce non-essential services, preserve PPE, and protect against the spread of COVID-19.

On both occasions, LRFPS summarized practices it was following.

On April 7, ADH inspectors performed an unannounced, in-person inspection at LRFPS.

At no point during either of the phone calls or the in-person inspection (which occurred on a day during which both procedural and medication abortions were being provided) did the ADH representatives suggest that LRFPS was not complying with the state’s April 3 directive.

However, on the morning of April 10, ADH inspectors hand delivered a cease-and-desist order to LRFPS, asserting that the clinic was “in violation of the April 3, 2020 Arkansas Department of Health Directive on Elective Surgeries,” despite acknowledging that the April 7 inspection “did not reveal any deficiencies with respect to the rules for abortion facilities in Arkansas.” The cease-and-desist order stated that the April 3 “prohibition applies to surgical abortions that are not immediately necessary to protect the life or health of the patient” and that “[a]ny further violations of the April 3 Directive will result in an immediate suspension of [LRFPS’s] license.”

Although the ADH is using the April 3 directive as the basis for ordering LRFPS to stop performing procedural abortions — except when the life or health of the woman is at immediate risk — the ADH has, to date, continued to allow a range of other non-urgent medical services, including orthodontist visits to adjust orthodontic wires and dentist visits to treat cracked teeth.

Further, at an April 9 press conference with Governor Hutchinson and Arkansas State Health Director Dr. Nathaniel Smith, Dr. Smith was asked if “elective surgery” was still permitted in the state, and he responded that judgments at surgical centers would be left primarily to the providers.

A lawsuit LRFPS filed last year against government officials in the State of Arkansas in the U.S.

District Court for the Eastern District of Arkansas was amended on April 13 to add a challenge to the ADH April 3 directive and, specifically, the cease-and-desist order issued on April 10.

The next day, the district court issued a temporary restraining order blocking the state from shutting down LRFPS’s procedural abortion services, in which the court noted that the state’s ban would, among other things, “bar access to abortion because medication abortion is contraindicated” for some women; “likely push [some women] to a more complex and more time-intensive” abortion procedure; and “likely push [other women] beyond the point at which abortion is available in the State.”

The district court also noted that the continuation of procedural abortions would not preserve PPE or hospital resources because procedural abortions make minimal use of both, and that continuing to allow procedural abortions would not increase the risk of transmission of COVID-19 any more than other activities that Governor Hutchinson has allowed to continue in Arkansas.

Instead, the court observed, the state’s decision to bar procedural abortions in Arkansas will cause some women to undertake lengthy interstate travel that will actually increase the risk of transmission of the disease.

The different defendants then asked the U.S. Court of Appeals for the Eighth Circuit to halt the lower court’s order, which would effectively reinstitute the ban on procedural abortions in the State of Arkansas.

In the amicus brief filed on Friday, Attorney General James and the coalition lay out why they oppose the request to halt the lower court’s temporary restraining order, stressing that the ban on procedural abortions in Arkansas infringes on a woman’s constitutional rights.

The coalition explains that the “characterization of the ban as prohibiting only ‘elective’ procedures fails to recognize how the time-sensitive nature of abortion care distinguishes that care from services that can be postponed without patient harm during the current public health crisis” because “abortions cannot be deferred indefinitely or for long stretches without increasing risks for some women and denying access to others.” The coalition explains that Arkansas’ “ban on [procedural] abortions will irreparably injure any woman who reaches the legal limit for an abortion during the ban,” resulting in some women “permanently los[ing] their right to lawfully obtain an abortion in Arkansas.”

Additionally, Attorney General James and the coalition go on to highlight that if the ban were to be reinstated, some women in Arkansas would be forced to make “risky and expensive” travel plans to cross state lines in order to obtain an abortion.

This is especially troublesome at a time when the entire U.S. population is being asked to limit travel to stop the spread of COVID-19.

Further, the coalition notes that residents of New York and other amici states may currently be in Arkansas without a way to return home, but they still have a right to time-sensitive reproductive care.

Finally, the coalition explains why a ban on abortion would not help the state preserve PPE, free up hospital beds, or prevent the spread of COVID-19 transmissions.

As the district court noted in its temporary restraining order, the exact opposite is actually true.

The attorneys general note that procedural abortions require limited PPE and actually require “far less PPE and medical resources than continuing a pregnancy” does.

Additionally, procedural abortions rarely require admission to a hospital.


What to read next

Irish PM announces referendum on abortion laws by May
170 MPs unite to call for Northern Ireland abortion law reform
Ireland votes in historic abortion referendum

U.S.: Regional severe weather through early next week; early season heat wave across South

 
A very active and complex mid-May weather pattern is set to produce numerous areas of severe weather, heavy rain, high winds, and anomalous temperatures through this weekend.
 
 

Latest

Governor Hochul announces inflation refund checks up to $400 coming this fall
Czechia recovers CZK 60 million in dispute with European Commission
Colombia formally joins Belt and Road Initiative
Egg exports grow in April and Brazil expands its presence in new markets

NEWS

U.S.: Areas of excessive rainfall and severe thunderstorm potential today

Captain of Hong Kong ship charged with damage to Baltic gas pipeline
U.S.: Strong to severe thunderstorms from Southern Plains to Ohio Valley
U.S.: Severe thunderstorms, heavy rain and fire threat
Peru court jails ex-President Humala for money laundering
Bosnia risks air traffic shutdown over unpaid debt
 

BUSINESS

Italy, Greece to invest 1.9bn euro in new subsea interconnector

Iran to export BCG vaccine to Venezuela
Baker Hughes: U.S. oil rig count down by 5 to 474
U.S. rig count drops for first time in three weeks
Azerbaijan seeks investor to build bitumen materials plant
Baker Hughes: U.S. oil rig count up by 2 to 483
 

Trending Now

Suez Canal offers 15 pct discount for large container ships

UK: TRA recommendation for new duties on Chinese excavators accepted

Concirrus appoints Steve O'Reilly as product manager

EU to fully end its dependency on Russian energy


POLITICS

€5 billion French scheme to facilitate export of wines and spirits to U.S.

EU to fully end its dependency on Russian energy
UK: TRA recommendation for new duties on Chinese excavators accepted
Commission: Sweden failing to fulfil its obligations under EU maritime security acquis
European Parliament approved wide framework for screening of foreign direct investments
Government and MBS Global Investments to create Maldives International Financial Centre
 

Today We Recommend

EU to fully end its dependency on Russian energy


Highlights 

Carrier to create 4,000 highly skilled jobs in U.S.

Boeing and Qatar Airways announce historic order for up to 210 widebody airplanes

Italy, Greece to invest 1.9bn euro in new subsea interconnector


COMPANIES

Carrier to create 4,000 highly skilled jobs in U.S.

Boeing and Qatar Airways announce historic order for up to 210 widebody airplanes
Suez Canal offers 15 pct discount for large container ships
LEGO Group will create 305 new jobs in Prince George County, Virginia
PPG will establish Cleveland County manufacturing center creating 110 jobs
Disney announces Abu Dhabi theme park and resort
 

CAREERS

Tom Montali joins CSL as business development director

Concirrus appoints Steve O'Reilly as product manager
Jetcraft appoints Philip Baer as sales director in U.S.
Pere Mañé appointed as new CEO of Suanfarma
Ben Söderling new CEO of Sovellusmestarit Oy and MoveRoll Oy
Helio Fujita joins Mars as global people & organization VP for petcare business
 

ECONOMY

NZ exports to EU jump 28% in first year of trade deal

EU generated €39.2 billion surplus in trade in agricultural products
California is now world’s 4th-largest economy
Thailand's exports jump 17.8 pct to 3-year high in March
Turkish exports hit second highest March figure on record
EU hourly labour costs ranged from €11 to €55 in 2024
 

EARNINGS

Ericsson Q2 sales down but North America up

Lockton revenue $3.55 billion
Motorcar Parts of America Q4 sales $189.5 million
Limoneira Q2 revenue $44.6 million
Lululemon athletica Q1 revenue increased 10% to $2.2 billion
PVH Q1 GAAP EBIT $205 million
 

OP-ED

Micromanaging is the worst enemy of efficiency and teamwork

Niger set to monetize massive gas reserves through Saharan natural gas pipeline
Putting the brakes on EV folly that choked the market
Oil discovery in Kavango Basin may mean huge benefits for Namibians
Cape Town and Dubai battle over Africa's energy future
Is America going to lose its superpower status?
 

AGRIFISH

Minister István Nagy: FMD immunity can be announced on May 30

£50 million equipment and technology grants to boost food production, farm profitability
Philippines approves beef supplies from Russia
Hong Kong: Import of poultry meat and products from areas in U.S. suspended
U.S.-Mexico reach agreement on screwworm
Tanzania bans agricultural imports from South Africa and Malawi
 

LEADERSHIP

Study: Missing a deadline has a bigger impact than you might think

Employers prefer younger job candidates for AI roles although experienced workers perform same or better
Study finds workers misjudge wage markets
Some organizations may need to expand their hierarchical structures earlier than others
Study finds there's right way and wrong way to deliver negative feedback in workplace
Allyship is critical and its needs appreciation
 

CRIME

EU fines carmakers €458 million for anti-recycling cartel

Commission fines Pierre Cardin and its licensee Ahlers €5.7 million for restricting cross-border sales of clothing
BHP, Vale agree to pay $30B damages for Brazil dam disaster
Commission fines České dráhy and Österreichische Bundesbahnen €48.7 million over collusion to exclude common compe
SEC charges Keurig with making inaccurate statements regarding recyclability of K-Cup beverage pod
SEC charges John Deere with FCPA violations for subsidiary’s role in Thai bribery scheme
 

Magazine

TRAVEL

Radisson Hotel Group debuts in the heart of Tunisia’s capital city, Tunis

Morocco’s first Radisson branded hotel opens in Casablanca
Buna channels, an unreal and beautiful part of Bosnia and Herzegovina
JW Marriott unveils Mindful Haven with opening of JW Marriott Hotel Nairobi
Sotheby's Sports Week returns with fantastic artifacts
Red Roof properties open in Michigan
 

SEA, LAND, AIR

Citroën C3 Aircross, the most affordable compact SUV with 7 seats

2025 Chevrolet Equinox stands apart with fresh looks and capability
Hill Helicopters HX50, luxury in the sky
Opel Movano becomes fully equipped camper van
Porsche Panamera, new hybrid variants
Dodge Charger, 670 horsepower of electric
 

DESIGN

Cold night, hot fire pit, cool entertainment

Embellish your home with PVC panels
You'll have to hurry if you want one of 20 new Louis Vuitton watches
Luxury duvet looks good, fells good and keeps you healthy
Vacheron Constantin, watches for life and more
Schüller kitchens, where functionality marries design
 

GADGETS

MESA/Boogie Celebrates 40-year partnership with John Petrucci

reMarkable 2, monochrome tablet for your thoughts and your eyes
OnePlus Ace 3V, first with Snapdragon 7 Plus Gen 3
ASUS Zenfone 11 Ultra, flagship with a reason
Samsung Galaxy S24 is photography powerhouse
Casette tapes are making a big comeback, and so are portable players
 

HEALTH

Hong Kong researchers develop needle-free flu vaccine with broad protection

World's first vaccines that don't need refrigeration entered trials
First patient enrolled in Phase 1 clinical trial of Akiram’s cancer drug candidate
FDA grants marketing authorization of first home test for chlamydia, gonorrhea and trichomoniasis
Human cases of anthrax reported in western Mongolia
One more barrier to developing vaccine for HIV removed
 

MEANTIME

Mission to "weigh" all of Earth's forests from space launched

NASA's SPHEREx space telescope begins mapping entire sky
Russian academics, gas industry experts see undersea LNG transportation as feasible
India launches space docking experiment mission
World-first carbon-14 diamond battery made
Einstein Telescope step closer