An American appeal court ruled on Friday that an Arkansas law controlling the use of medical abortion [ pregnancy termination with use of abortion pills] could carry on, upending a lower court’s decision the law a day before it was to go into effect.
The 8th US Circuit Court of Appeals in St Louis sent back the case to the Little Rocks’ federal district court. Telling the court that it must evaluate approx. how many women would possibly be harmed by the legislation before the case proceeded further.
One of the biggest abortive healthcare clinic, which runs two to three clinics providing Mifepristone and Misoprostol as well as surgical abortion in Arkansas sued the state in 2015, saying the legislation was barring women from seeking their fundamental right to abortion.
What the law entails
The legislation necessitates that any healthcare professional doling out abortion tablets to sign an agreement with a second doctor who would reach to an agreement to handle any complications that might occur from taking the pills. It is mandatory for the contracted doctor to have admitting privileges at a hospital intended to manage emergencies related to abortion inducing medication.
The US District Judge sided with the pro-choice healthcare institution in 2015, commenting that it would not able to find such a doctor and will be forced to stop offering abortive services at its clinics in Little Rock and Fayetteville.
For e.g. women in Fayetteville would then have make a 380 mile [610 km] journey round trips to get to an abortive facility, something that will remain the last abortive clinic in the state.
Ruling that this was an unwarranted burden on the women seeking abortive services and that the pro-choice institution would likely win its lawsuit, the US district judge approved a preliminary junction preventing the law from taking effect.
Although on Friday, the appeals court overturned that command. The ruling said that the district court had “abused its discretion” and then condemned it for not being able to determine the approx. number of women that will be affected. The pro-choice healthcare reproductive service providing facility could win its case if the court found out that a ‘large fraction’ of women seeing home abortion kits would face an unwarranted burden, however the lower court has failed to apprehend this, the ruling opined.
Arkansas Attorney General welcomed the ruling, commenting in a statement that the abortive services providing clinic failed to show that the state law is substantial impediment in preventing most women from having access to abortive services.
Meanwhile a spokesperson from the clinic commented that the organization was strategizing its next steps, however noted it would have 2 weeks under the appeals court rules to plea for a rehearing.
She commented that the law was written by the by politicians and not healthcare professionals and is a part of national strategy to end access to abortive services state by state and law by law.