The 12-week abortion ban law is making national headlines as the most restrictive abortion bill in the country.
"This is a shift. This is an all or nothing position and it now puts more pressure on the courts."
The history of abortion law dates back to 1821.
"Connecticut passed a prohibition on a certain kind of method which was essentially administering a toxic substance to induce an abortion," said Don Judges, a University of Arkansas Law Professor and author of Hard Choices, Lost Voices.
The Connecticut law, was put into place for the purpose of protecting women from poisonous substances and botched abortions.
"Abortion restrictions were both widespread and robust."
Then in 1973, Roe v. Wade set a precedent, and created a balance between the right of a woman and an unborn child.
"We had this so called trimester framework, the first of which the woman's decision and interest was really paramount."
Planned Parenthood of Southeastern Pennsylvania v. Casey created a new test of "undue burden" in 1992.
"The court phrased this or cast this as a measure that imposes a substantial obstacle on the choice."
Later, Gonzalez v. Carhart upheld abortion restrictions when they were in a woman's best medical interest.
"Up until Roe, abortion was the most heavily restricted medical procedure in the country, the only medical procedure that was criminalized."
Now in 2013, 20-week and 12-week abortion laws in Arkansas are making history, but controversy surrounds whether it is for the right reasons.
"It's the only one even today that's subject to the kind of restriction and state interference with clinical judgement that we see."
Judges does not think the 12-week case will make it to the U.S. Supreme Court. Considering Idaho's 20-week abortion ban law was struck down by a federal judge Wednesday, many believe both the 20-week and 12-week abortion laws in Arkansas will be proven unconstitutional at a federal court level.
