Abortion ban challenge survives dismissal bid
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Pulaski County Circuit Judge Cara Connors ruled Friday that a lawsuit challenging Arkansas' near-total abortion ban can proceed.
The big picture: The ban remains in force as the suit progresses, but Connors has yet to rule on three constitutional claims brought by six women and an OB-GYN.
The latest: In the ruling, Connors dismissed Gov. Sarah Huckabee Sanders and the state as defendants, saying they're immune from the lawsuit.
- Attorney General Tim Griffin, three prosecutors and members of the Arkansas State Medical Board are now the named defendants.
Catch up quick: The ban took effect after Roe v. Wade fell in 2022. It allows abortion only to save a pregnant patient's life in a medical emergency, with no rape or incest exceptions.
- Violations can bring up to 10 years in prison and a $100,000 fine.
State of play: The plaintiffs filed the original complaint in February. They argue the law violates state constitutional rights to life, liberty and equal protection, and leaves doctors uncertain when the emergency exception applies.
- Five of the six women had nonviable pregnancies. Four traveled out of state for abortions, and another continued her pregnancy after being denied care, the Arkansas Advocate reported.
What they're saying: "We are confident in the strength of our clients' claims and await the court's decision on immediate relief," Amplify Legal, the group representing the plaintiffs, told Axios by email.
- The statement noted that doctors are still at risk of severe criminal penalties for providing life-saving care while the ban remains in place.
The other side: "We plan to appeal the partial denial of our motion to dismiss and will continue to vigorously defend Arkansas' duly passed laws that protect innocent life," Jeff LeMaster, spokesperson for Griffin, wrote in an email to Axios.
What we're watching: Dismissing Sanders and the state does not prevent Connors from blocking enforcement against the remaining defendants, the judge said in the ruling.
- No hearing date has been set for the injunction request.