The American Civil Liberties Union and the Center for Reproductive Rights have vowed to take the state to court.
The CRR has more in this press release from Wednesday:
Just days after Arkansas Governor Beebe vetoed a measure clearly unconstitutional under four decades of US Supreme Court precedent by banning abortion at 12 weeks of pregnancy, both houses in the state legislature have now voted to override the veto and enact SB134 into law.
The Center for Reproductive Rights and the ACLU of Arkansas have committed to challenging the law in federal court before the law is scheduled to take effect 90 days after the legislative session adjourns.
Nancy Northup, president and CEO at the Center for Reproductive Rights, said:
“The politicians supporting this legislative assault on women have made clear both their indifference to the lives and health of the women of Arkansas and their hostility toward the fundamental rights guaranteed to women by the U.S. Constitution.
“We intend to make it equally clear that no one’s constitutional rights are subject to revision by lawmakers intent on scoring political points, and that attempts such as this to turn back the clock on reproductive rights will not stand.”
The U.S. Supreme Court has consistently held — first in Roe v. Wade and again in Planned Parenthood v. Casey - that states cannot ban abortion prior to viability.
People say that the Tenth Amendment permits what Arkansas is doing. Nothing can be further from the truth. The Tenth Amendment said a lot of things, but banning abortion is not one such item mentioned and for good reason. The Fourteenth Amendment prohibits that. The Fourteenth Amendment prohibits any restriction on body freedom - it means that bans on public nudity violate the US Constitution as well. In regards to Planned Parenthood v. Casey from 21 years ago, that prohibited bans on abortion prior to the 26th week (the point of viability).
Just a few weeks ago, a 20-week abortion ban was gaveled down for the same reason. Making the bans earlier in pregnancy only increases the probability of the law being gaveled down. Government would be wise to stay out of women's vaginas completely. What women do with their bodies during pregnancy is none of the government's business.