An Interesting Court Fight

…may be in the offing.

Arkansas Governor Asa Hutchinson (R) signed into law a bill that bans all abortions save when the mother’s life is at risk. Even pregnancies resulting from rape or incest are banned from abortion.

The governor also acknowledged the ban is in contradiction of binding precedents of the US Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law.”

Indeed. Especially since the primary precedent is Roe v Wade, which is, at bottom, a technologically oriented precedent. The Court ruled that States could govern the availability of abortions after the third trimester began—because that was the point at which the fetus became viable outside the womb under the then-extant medical technology.

Today’s medical technology has advanced by orders of magnitude; accordingly, at worst, the Arkansas law provides the Supreme Court the opportunity to adjust its precedent in accordance with modern medical capability, if not to rescind Roe altogether.

Additionally, the ACLU is being its usual cynical self.

The American Civil Liberties Union of Arkansas attacked the bill calling it “cruel and unusual[.]”

No, what’s cruel, but sadly entirely too usual, is murdering babies before they’re born.

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