Asa Hutchinson: The Arkansas governor says he signed an almost total ban on abortion so the Supreme Court can decide whether it is a ‘direct challenge’ to Roe

Asa Hutchinson: The Arkansas governor says he signed an almost total ban on abortion so the Supreme Court can decide whether it is a ‘direct challenge’ to Roe

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“That was the whole design of the law. It is not constitutional in Supreme Court cases at the moment,” Governor Asa Hutchinson, a Republican, told CNN’s Dana Bash about the “State of the Union”. “I signed because it is a direct challenge for Roe v. Wade.”

“I think there is a very small chance that the Supreme Court will accept this case, but we will see,” said the governor, noting that he preferred the legislation to include an exception for rape and incest.

Arkansas law prohibits providers from performing abortions “except to save the life of a pregnant woman in a medical emergency” and makes no exceptions for cases of rape, incest or fetal abnormalities. Those who break the law can face a fine of up to $ 100,000 and up to 10 years in prison.

The abortion law is expected to go into effect 91 days after the end of the Arkansas legislative session, currently scheduled for May 3, according to Senator Jason Rapert, who sponsored the Senate bill.

Of the 11 so-called gestational bans – which prevent abortion after a certain point in pregnancy – passed since the beginning of 2019, none came into force after most of them were blocked by the judges. This includes an almost total abortion-like ban passed in Alabama in 2019 and an 18-week bill approved by Arkansas in 2019.

But supporters of the bill see the move as a key position on the issue that reflects the views of those in their state, and they, like Hutchinson, welcome the chance to spark a legal dispute that could reverse Roe.

“We hope it will be challenged,” said Rapert, adding that he is hopeful that the project’s principles will compel the court to respond to “a very broad and widespread public outcry over the issue”.

The legislator denounced rape and incest, but maintained the lack of exceptions from the law for both crimes, saying: “How could we look at a human baby and say that he is not worthy of life simply because his birth was the result of an act violent. “

Arkansas already has several abortion restrictions in place. People seeking abortion must receive a 72-hour advance notice from their providers, including information on antenatal and neonatal care and alimony services, to access the procedure. Abortions after 20 weeks are already banned in the state, except in cases of rape, incest or life-threatening or other serious physical threat to the pregnant woman.

CNN’s Caroline Kelly contributed to this report.

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