NEW & BIG

An abortion ban in Arkansas will be allowed to be implemented thanks to a federal appeals' court ruling that reverses a lower court's decision to temporarily block the ban.

Here's why that's such a big deal...

The Eighth Circuit Court of Appeals bases nearly its entire decision on the recent SCOTUS ruling on abortion.

But, wait, you say, wasn't that a win for abortion-rights advocates?

No!!!!!!

Roberts did NOT join the liberal bloc wholesale. He concurred, writing a very carefully crafted opinion recognizing that the Louisiana law in question was blatantly unconstitutional because of the court's 2016 ruling in Whole Women's Health.

But from there, he raised major questions about "undue burden" and whether it was the court's place to weigh in on the issue.

From Roberts:
“Pretending that we could pull that off would require us to act as legislators, not judges.”

Roberts suggests that the "undue burden" standard ONLY requires abortion regs to not place a “substantial burden, not whether benefits outweighed burdens.”

And here's where it gets crazy:

Roberts wrote his own opinion, but because its with the majority it's controlling!

Using that opinion, the 8th Circuit reversed a lower court's decision to block series of '17 Ark. abortion restrictions.

It's significant to me that a federal court is using what was painted as a win for abortion rights groups to allow abortion restrictions to be implemented.

Here's what will go into effect on Aug. 28 because of today's ruling:

- people can't get an abortion until their doctor has spent “time and effort” to obtain her medical records relating to her “entire pregnancy history.”

- doctors will be required to notify the patient's family members about their right to participate in the disposition of tissue from their abortion or even their miscarriage.

- patients under the age of 17 who receive an abortion will have their name and other information disclosed to local law enforcement (???)

And the main meat of the lawsuit:

- The most common abortion method for patients after 14 in pregnancy will be prohibited, a dilation and evacuation procedure

So, was the court's decision in June Medical Service v Russo a win for abortion rights groups? You tell me.