The bans were pushed by Republicans who want to force the US Supreme Court to revisit their Roe v. Wade decision to legalize abortion across the country. Conservatives believe the court is more open to overturning the ruling after former President Donald Trump’s three court appointments.
“We must abolish abortion in this country just as we abolished slavery in the 19th century – all lives matter,” Republican Senator Jason Rapert, the project’s advocate, said in a statement.
Hutchinson has signed several important abortion restrictions since taking office in 2015, but he has expressed concerns that this project directly challenges Roe and about the lack of rape and incest exceptions. He repeated these concerns when announcing his decision.
“(The ban) is in contradiction with the mandatory precedents of the US Supreme Court, but it is the intention of the legislation to set the stage for the Supreme Court to overturn current jurisprudence,” he said in a statement released by his office. “I would have preferred the legislation to include exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances of a review by the United States Supreme Court.”
While the legislature considered the measure, Hutchinson shared with lawmakers a letter written by a lawyer for opponents of abortion, National Right to Life, which said the chances of the bill leading to Roe being overthrown were “very small and remote. “. National Right to Life took no position on the project, although its Arkansas affiliate supported the ban.
The legislation will not take effect until 90 days after the majority of the Republican legislature suspends this year’s session. That means it cannot be applied until this summer, at the very least. Proponents of the right to abortion said they plan to challenge the ban in court before that.
The American Civil Liberties Union of Arkansas called the ban “cruel and unconstitutional”.
“Governor Hutchinson: See you in court,” said Holly Dickson, executive director of the ACLU of Arkansas.
“This is the worst thing about politics,” said Alexis McGill Johnson, president of the Planned Parenthood Action Fund, in a statement. “At a time when people need economic help and basic safety precautions, dismantling access to abortion is cruel, dangerous and blatantly unfair.”
Hutchinson had until Wednesday afternoon to take action on the bill before it became law without its signature, a move that previous governors took to express discontent with a bill without risking a dispute with the legislature. A simple majority is required for the legislature to override the Arkansas governor’s veto.
Arkansas has some of the nation’s most stringent abortion measures, and two years ago, Hutchinson signed a law that would ban the procedure if the Roe decision was overturned. Another measure that Hutchinson signed in 2019 banning abortion after 18 weeks of pregnancy is on hold due to a legal challenge.
Several other restrictions are still being considered in the legislature, including one passed by the Senate the day before that would require a woman having an abortion to have an ultrasound first.
Another radical ban on abortion was enacted by the governor of South Carolina last month, but was quickly blocked by a federal judge due to a planned paternity challenge. Alabama enacted an almost total ban on abortion in 2019 that was blocked because of legal challenges.