Jonathon Van Maren

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Dead Supreme Court justices prevent Arkansas from implementing will of the people on abortion

Thus far, the wall set up by the Supreme Court in 1973 is blocking the way to full recognition of the humanity of America’s youngest citizens.
Tue Mar 16, 2021 - 10:52 am EST
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March 16, 2021 (LifeSiteNews) — While the Biden administration introduces a raft of pro-abortion policies at the federal level, pro-life state legislators have continued to pass anti-abortions laws. Fourteen states have seen lawmakers propose sweeping abortion bans across the United States in 2021, and on March 9, Arkansas Gov. Hutchinson signed a near total-ban on abortions, much to the fury of abortion activists and industry workers. To abortion activists, protecting innocent children in the womb constitutes an attack on human rights.

Unlike many abortion bans, the Arkansas law does not allow for abortion in the case of rape or incest, and only permits the procedure to save the life of the mother. Hutchinson had previously expressed concern that the bill did not have enough exceptions in it, but eventually decided to sign it — one of several he has signed since taking office nearly six years ago — because of the law’s “overwhelming legislative support and my sincere and long-held pro-life convictions.”

In a statement released by his office, the governor laid out both his concerns and his reason for signing the bill. “[The ban] is in contradiction of binding precedents of the US Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law. I would have preferred the legislation to include the exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances for a review by the US Supreme Court.”

In his own statement, Republican state Sen. Jason Rapert, the bill’s sponsor, stated: “We must abolish abortion in this nation just as we abolished slavery in the 19th century — all lives matter.”

Arkansas already has a ban on abortion at 18 weeks that has not been implemented as it winds through the courts, and the American Civil Liberties Union of Arkansas has promised to sue over this bill, as well. It seems likely that the ban will also be blocked in the court, thus failing to take effect. This has been the fate of abortion bans in both South Carolina earlier this year and in Alabama in 2019. Abortion bans have stalled in courts across the country.

Until — or if — Roe falls, these bills illustrate that the public and political will to protect the pre-born exists in many states, but thus far the wall set up by the Supreme Court is blocking the way to full recognition of the humanity of America’s youngest citizens. National Right to Life advised Arkansas legislators that the ban was unlikely to be taken up by the Supreme Court and thus unlikely to result in a direct challenge to Roe. The state chapter of NRTL endorsed the law anyway.

As I noted on the anniversary of Roe v. Wade, when it comes to abortion there are two Americas, forced by a handful of lawyers on the Supreme Court to abide by an unscientific, unjust, and brutal decision that has already cost the United States over 65 million souls. States like Arkansas have already signaled, loudly and clearly, that they are willing to do what it takes to protect every life in the womb — regardless of how the child is conceived. It is only the Supreme Court that is preventing them from implementing the will of the people and protecting her youngest, weakest, and most vulnerable citizens.


  asa hutchinson, roe v. wade, supreme court

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