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BREAKING NEWS: THE EIGHT CIRCUIT COURT OF APPEALS REALLY HATES ABORTION RIGHTSHere's a link
http://reproductiverights.org/sites/default/files/2020-08/AR%20Omnibus%208th%20Cir%20PI%20Reversal.pdf
In a decision today the conservative court of appeals ruled several abortion restrictions in Arkansas can take effect and what’s worse the court relied on June Medical Services v Russo, the abortion rights *WIN* to do so.Â
Let me explain
Let me explain
In June Medical Services the Court in a 5-4 decision ruled the a different appeals court got it wrong when it let a Louisiana admitting privileges law take effect. Roberts joined the more liberal justices here to strike the abortion restriction. WHOA REALLY?!
Really! But here’s the thing. Roberts didn’t join his colleagues to say ALL abortion restrictions like Louisiana’s are bad. Just that Louisiana’s was because it was identical to a Texas law the Court had already struck.
In other words, Roberts felt stuck and like he HAD to vote with his colleagues to strike the Louisiana law.
Will he feel so burdened in the future? I doubt it. But back to Arkansas because what happened today is a Real Big Deal
Today the 8th Circuit relied on June Medical Services and Chief Justice Roberts in particular to rule that a lower court decision blocking a whole bunch of Arkansas restrictions was wrong and that the restrictions should be allowed to take effect as of August 28th.
What kinds of restrictions? This is where it gets real bad for Arkansas and elsewhere:
• a ban on the most common form of abortion post 14 weeks pregnancyÂ
• A mandate that patients under 17 have their name and other information disclosed to law enforcement WHICH WHAT
• a ban on the most common form of abortion post 14 weeks pregnancyÂ
• A mandate that patients under 17 have their name and other information disclosed to law enforcement WHICH WHAT
STILLL MORE!Â
• require the patient notify their partner or other family members and effectively allow them to block their abortion WHICH WHATÂ
• A lot of forced disclosures including fetal tissue burial
• And more! It’s real bad.
• require the patient notify their partner or other family members and effectively allow them to block their abortion WHICH WHATÂ
• A lot of forced disclosures including fetal tissue burial
• And more! It’s real bad.
But lets talk about that ban on later abortion because it is SO BAD Y’ALL LIKE REAL BIG BAD. Why you ask? In addition to the real harm to patients in Arkansas, there is also an even bigger fight on these D&E bans happening in Texas. Because of course there is.
Right now we’re waiting on a decision from the Fifth Circuit Court of Appeals on a Texas ban on later abortion — remember Texas already has a 20 week ban in effect.
In that case the Fifth Circuit specifically said it was going to wait to see how SCOTUS resolved June Medical Services before ruling on the Texas later abortion ban.
Maybe you see where this is headed....
Maybe you see where this is headed....
Welp now we have a federal appeals court use June Medical Services, and the Chief’s opinion, to uphold the very type of restriction the Fifth Circuit is considering. So the chances the super conservative Fifth Circuit decides to uphold the Texas ban? Pretty good I’d say!
So per usual, a win in the courts for abortion rights is a complicated, messy thing and no guarantee access expands. https://rewire.news/article/2020/07/29/one-month-from-the-big-abortion-rights-win-in-louisiana-weve-gained-nothing/
And today we got the first glimmer of how conservative judges plan to use that win to actually erode abortion rights. They’ll just follow the Chief Justice’s road map!
So happy Friday! Abortion is freedom and the 8th Circuit is a mess.
