Opinion: Arkansas abortion ban isn't a law. It's a message
March 11, 2021. Summarized by summa-bot.
Compression ratio: 18%. 1 min read.
This week, Arkansas passed one of the nation's most sweeping abortion bans to date, criminalizing any procedure unless a patient's life is at risk. But the sweep of Arkansas's proposal, which very consciously includes a ban for cases of rape and incest, isn't the only thing that stands out. Quite simply, Arkansas's latest abortion ban isn't just a law. It's a letter to the Supreme Court's conservative six -justice majority -- and a preview of the case against Roe v. Wade.
Mary Ziegler is a law professor at Florida State University College of Law and author of Abortion and the Law in America: Roe v.
Quite simply, Arkansas's latest abortion ban isn't just a law.
Like many recent restrictive state laws opposed to abortion, the Arkansas measure compares abortion to both slavery and segregation.
Arkansas is telling the Supreme Court that Roe is the next Dred Scott.
The architects of the Arkansas law clearly hope the court will believe that the world has changed since Roe came down.
According to Arkansas (and many abortion foes), the fact that there is an antiabortion movement -- or that politicians in red states seek to criminalize the procedure -- suggests that Roe is not "accepted. " And by extension, this law insists that any decision that is not accepted should be revisited.
The availability of medication for abortion, rather than an in-person procedure, will make state laws even harder to enforce.
The Supreme Court at most will allow states to ban abortion, not require them to do so.
Like many in the antiabortion movement, the authors of this law seem to believe that the Supreme Court can fundamentally transform our wars about abortion -- or even end them altogether.