Arkansas Supreme Court rules against abortion amendment group
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Illustration: Aïda Amer/Axios
Abortion won't be on the Arkansas ballot this November.
State of play: The state Supreme Court blocked a proposed constitutional amendment when it ruled Thursday that Secretary of State John Thurston was justified in disqualifying petitions to allow the measure on the general-election ballot.
- The proposal would have allowed abortion through the first 18 weeks of pregnancy — and in cases of rape, incest, fatal fetal anomaly or to save the pregnant person's life.
The big picture: At least nine states — including Missouri — have approved abortion-related ballot questions. Two citizen-led proposals in Nebraska are still pending.
Catch up quick: Thurston rejected the petitions in July, saying Arkansans for Limited Government, the group behind the measure, did not file the proper paperwork related to training and background checks of paid canvassers who helped gather some of the required signatures.
- In all, Thurston counted 87,675 signatures gathered by volunteers, 4.4% short of the required 90,704.
- But, the group didn't qualify for the 30-day cure period to gather more signatures because of the paperwork issues.
- In its argument to the Supreme Court, AFLG claimed Thurston, a Republican, rejected its amendment based on his personal feelings on abortion.
Separately, the Pope County casino initiative is being challenged in the Arkansas Supreme Court by the Cherokee Nation and the marijuana initiative fell short of its needed signatures, so it has until Aug. 30 to collect roughly 14,000 more.
Between the lines: Certification by Thurston's office for both the casino and marijuana initiatives was expected to happen Thursday afternoon, a spokesperson told Axios in an email.
- Regardless, both initiatives will be on the ballot, he said, but whether votes for either will be counted depends on outcomes of the signature gathering and the Supreme Court's ruling.
What they're saying: "Despite this infuriating result, our fight isn't over. We can't — and won't — rest until Arkansas women have access to safe, standard health care and the autonomy to make decisions about their bodies free from governmental interference," AFLG said in a statement about the ruling.
- "This no-exceptions ban is too extreme, and voters deserved the opportunity to vote for common-sense access and exceptions," Grant Tennille, chair of the Democratic Party of Arkansas, said in a statement.
The other side: "Proud I helped build the first conservative Supreme Court majority in the history of Arkansas, and today that court upheld the rule of law, and with it, the right to life," Republican Gov. Sarah Huckabee Sanders said in a post on X.
Behind the scenes: Groups like Planned Parenthood and the ACLU declined to support the Natural State's initiative because its proposal is to allow abortion for fewer than the 22-24 weeks that was standard under Roe v. Wade.
- Yes, but: AFLG received a $250,000 campaign contribution on July 19 from the Tides Foundation in San Francisco.
The bottom line: The general election is Nov. 5.