Arkansas Abortion Laws Revived Based on Roberts Concurrence

Aug. 7, 2020, 7:17 PM UTC

A lower court must take a new look at the constitutionality of three Arkansas abortion laws in light of Chief Justice John Roberts’ June concurring opinion in a U.S. Supreme Court case in which a Louisiana law was struck down, the Eighth Circuit ruled Friday.

An abortion provider challenged Arkansas’ laws criminalizing most abortions performed after 14 weeks, requiring providers to obtain medical records to ensure the procedure isn’t intended for sex-selection, and mandating procedures for the disposal of fetal tissue.

The U.S. District Court for the Eastern District of Arkansas blocked the state from enforcing its laws in 2017, ...

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