Restrictions

On June 24, 2022, Arkansas began enforcing its trigger ban, which prohibits abortion at all stages of pregnancy, ^[1]Ark. Code Ann. § 5-61-301 to – 5-61-304; Stephen Simpson, Arkansas attorney general certifies ‘trigger law’ banning abortions in state, Arkansas Democrat Gazette (Jun. 24. 2022) following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.^[2]Dobbs v. Jackson Women’s Health Org., 597 U.S (June 24, 2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). The trigger ban is in effect.^[3]Stephen Simpson, Arkansas attorney general certifies ‘trigger law’ banning abortions in state, Arkansas Democrat Gazette (Jun. 24. 2022) … Continue reading

Arkansas has not repealed other laws related to abortion. It retains a total ban and gestational bans at twelve-weeks LMP, eighteen weeks LMP, twenty weeks gestational age, and after viability.^[4]ARK. CODE ANN. §§ 5-61-401 –5-61-404, 20-16-1304, 20-16-2002(b), 20-16-1405, 20-16-705 (a). The twelve-week ban is permanently enjoined,^[5]Edwards v. Beck, 8 F. Supp. 3d 1091 (E.D. Ark. 2014), aff’d, 786 F.3d 1113 (8th Cir. 2015). however Arkansas has asked a federal court to vacate the injunction now  that Roe has been overturned.^[6] Edwards v. Beck, 8 F. Supp. 3d 1091 (E.D. Ark. 2014), aff’d, 786 F.3d 1113 (8th Cir. 2015), motion to vacate judgment filed, 4:13-cv-00224-SWW (E.D. Ark. July 1, 2022). The state prohibits D&X and D&E methods of abortion^[7]ARK. CODE ANN. § 20-16-1203, 20-16-1803., and abortions sought for reason of sex selection and Down syndrome,^[8]Ark. Code Ann. §§ 20-16-1904, 20-16-2103. however the sex selection reason ban is enjoined.^[9]Hopkins v. Jegley, 510 F. Supp. 3d 638 (E.D. Ark., 2021), enjoining sex selection reason ban; Little Rock Fam. Plan. Servs. v. Rutledge, 984 F.3d 682 (8th Cir. 2021), petition for cert. filed (No. … Continue reading Pregnant people must undergo a mandatory seventy-two-hour waiting period,^[10]Ark. Code Ann. § 20-16-1703(b)(1) biased counseling,^[11]Id. §§ 20-16-1703(b)(2), 20-16-2403 (a)-(b). and an ultrasound,^[12]Id.§§ 20-16-1703(e), 20-16-1303, 20-16-602(c)(2). The state retains prohibitions on public funding ^[13]ARK. CONST. AMEND. 68, § 1; In Hodges v. Huckabee, the Arkansas Supreme Court held that the state “cannot stand as a bar to the payment of Medicaid funds for abortions necessary as the result … Continue reading and private insurance coverage.^[14]ARK. CODE ANN. § 23-79-156.  It continues to require that a parent, legal guardian,^[15]Id. § 20-16-804. or judge^[16]Id. § 20-16-809. consent to a minor’s abortion.

In 2020, Arkansas exploited the COVID-19 pandemic in an attempt to ban abortion care, issuing an executive order^[17]Ark. Dep’t of Health, ADA Directive on Elective Surgeries, (Apr. 3, 2020) that purported to suspend procedures deemed “elective” by the state. This order contradicted major medical groups in the United States and around the world, which agree that abortion is essential and time sensitive health care.^[18]See Joint Statement on Abortion Access During the COVID-19 Outbreak, Am. Coll. Obstetrics & Gynecology (Mar. 18, 2020); Disaster Risk Management for Health, Sexual and Reproductive Health, World … Continue reading The state later issued another order allowing patients to seek procedural abortion care after COVID-19 testing.^[19]Ark. Dep’t of Health, Directive on Resuming Elective Procedures (Apr. 27, 2020)

The state retains targeted regulation of abortion providers (TRAP) laws related to facilities,^[20]Ark. Code Ann. § 20-9-302; Ark. Admin. Code 007.05.2-8, 007.05.2-12. admitting privileges and transfer agreements,^[21]Ark. Code Ann. §§ 20-16-1504(d), 20-19-312. ARK. ADMIN. CODE 007.05.2-8. The Supreme Court denied certiorari, allowing a “contract physician” admitting privileges requirement to go into … Continue reading and reporting.^[22]Ark. Code Ann. §§ 20-16-1108, 20-16-1406, 20-9-302(g), 20-16-608, 20-16-705(c), 20-16-1305(b), 20-16-1405(a)(3)(A), 20-162004 (a)-(b), (d), 20-16-2407(b)(2). In 2023, the state repealed the licensing requirement of abortion clinics to conform with the state’s total ban.^[23] Ark. Code Ann. § 20-9-302. Arkansas continues to restricts the provision of abortion care to licensed physicians^[24]Id. § 5-61-101. and does not include protections for clinic safety and access. Arkansas still restricts providers from using telemedicine for the provision of abortion care.^[25]Id. §§ 20-16-603, 20-16-1504, 20-16-1703. Providers who violate Arkansas’s abortion restrictions may face civil and criminal penalties.^[26]See, e.g., id. §§ 20-16-1408, 20-16-704.

State Protections

Arkansas law does not include express constitutional or statutory protections for abortion. To the contrary, Amendment 68, intended to “protect the life of every unborn child,” amended the Arkansas Constitution to state “[t]he policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.”^[27]ARK. CONST. amend. LXVIII, § 2.

Post-Roe Prohibitions

In 2019, Arkansas enacted a “trigger” ban,^[28]Ark. Code Ann. § 5-61-301 — 304. and the state has a pre-Roe ban.^[29]Id. § 5-61-102. The trigger ban took effect on June 24, 2022, banning all abortions except to save the life of the pregnant person.^[30]Stephen Simpson, Arkansas attorney general certifies ‘trigger law’ banning abortions in state, Arkansas Democrat Gazette (Jun. 24. 2022) … Continue reading

Conclusion

Now that the Supreme Court has overturned Roe, Arkansas is enforcing its trigger ban to prohibit abortion entirely.