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Local Experts Expect Legal Battle with Human Heartbeat Protection Act

By: Rebecca Jeffrey
Updated: February 2, 2013
"If this becomes law, it's very likely that there will be legal challenge so the state will find itself involved in litigation over this," Don Judges, a University of Arkansas Law Professor said.

The Human Heartbeat Protection Act is one step closer to becoming law, but not without plenty of opposition.

Planned parenthood stating in part, "The reality is each woman's health care needs are different. That's why it is important that abortion remains safe and legal for a woman in Arkansas if and when she needs it."

"It's certainly vulnerable to a constitutional challenge," Judges said.

Judges said the battle over abortion is likely far from over because this case could end up in the highest court. Part of the reason is the emotional involvement.

"The possibility that the intensity of emotional engagement in the issue is not necessarily the same amount of information people have."

For now women in Arkansas seeking abortion services can still do so in the same manner before the bill was passed.

The state could be gearing up for a potentially long and expensive endeavor that Planned Parenthood hopes to avoid.

 ".... Arkansas tax payers want lawmakers to bring new jobs to the state and to fix our economy, not spend millions of tax dollars in legal battles attempting to defend a bill that is unconstitutional."

Although the bill has passed the Senate and is now on its way to the House, just how far it gets before becoming law, if it even does is yet to be seen.

"It, in effect, runs into difficulty under the Supreme Court's constitutional test for abortion restrictions," Judges said.

The only NWA senator to vote against the bill, Uvalde Lindsey, said he believes in the sanctity of life, but does not think the government should be able to tell a  woman what to do with her body.

Here's the full statement from Planned Parenthood of the Heartland:

"This bill is bad for Arkansas women and their families.  It is vital that a woman be able to make her own personal, private decisions about her health and medical care with the consultation of her doctor, her faith, and her family.  The reality is each woman's health care needs are different.  That's why it is important that abortion remains safe and legal for a woman in Arkansas if and when she needs it.   

This bill not only jeopardizes the health of all women who become pregnant in Arkansas, it's also unconstitutional.  It creates an undue burden for a woman seeking safe abortion and contradicts Roe v. Wade.  

The bottom line is that a woman should make the informed decisions when it comes to her own pregnancy, not anyone else.  The women and men of Arkansas know that and that's why Arkansas taxpayers want lawmakers to bring new jobs to the state and to fix our economy, not spend millions of tax dollars in legal battles attempting to defend a bill that is unconstitutional."


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