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Lawsuit against pro-life law in Arkansas allowed to proceed
An Arkansas judge has ruled that a lawsuit seeking to overturn the state's law protecting preborn children from abortion can proceed.
Six women have filed a lawsuit claiming that Arkansas's pro-life law is unconstitutional.
A judge heard oral arguments in the case in September, after the state sought to dismiss the lawsuit.
The judge has now ruled the lawsuit can proceed, though she has not paused the law while the case continues.
Earlier this year, six women, including Emily Waldorf, filed a lawsuit, Waldorf v. Arkansas, against Arkansas' pro-life law, which protects the majority of preborn children from abortion. The women, along with an OB/GYN, claimed that they have been harmed by the law and asked the court to deem it unconstitutional and block its enforcement temporarily as the case proceeds.
In September, Circuit Judge Cara Connors heard oral arguments from the state's attorneys as to why the lawsuit should be dismissed.
On November 6, Connors dismissed the motion by Arkansas Attorney General Tim Griffin to dismiss the lawsuit. Connors' decision allows the lawsuit to continue through the courts.
In her ruling, Connors also determined that the state of Arkansas and Governor Sarah Huckabee Sanders can not be named parties in the lawsuit due to sovereign immunity. As KARK explains:
Sovereign immunity is a legal doctrine that generally shields a state from being sued without its consent. The protection often extends to governors and other state officials when they are acting in their official roles, though courts may allow lawsuits seeking to block alleged unconstitutional or illegal government actions.
Conners cited Article 5, Section 20 of the Arkansas Constitution, which states, “[t]he State of Arkansas shall never be made a defendant in any of her courts.” She continued that Sanders has no authority to enforce the ban, leaving that to the prosecuting attorney, so she was not a party to the suit.
Griffin, as well as the state's medical board, remain defendants in the case.
Connors has not yet ruled on the plaintiffs' request to place an injunction on the law as the case moves forward. Attorneys for the plaintiff from Amplify Legal said they are still awaiting a decision as to whether or not the current preborn protections will be paused, though they are "confident in the strength" of their clients' claims.
READ: Four women sue Arkansas over pro-life law, but did they 'need' abortions?
Attorney General Griffin's office indicated the state will appeal the ruling.
“We plan to appeal the partial denial of our motion to dismiss and will continue to vigorously defend Arkansas’s duly passed laws that protect innocent life,” said Jeff LeMaster, a spokesman for Griffin’s office.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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·Lawsuit against pro-life law in Arkansas allowed to proceed
An Arkansas judge has ruled that a lawsuit seeking to overturn the state's law protecting preborn children from abortion can proceed.
Six women have filed a lawsuit claiming that Arkansas's pro-life law is unconstitutional.
A judge heard oral arguments in the case in September, after the state sought to dismiss the lawsuit.
The judge has now ruled the lawsuit can proceed, though she has not paused the law while the case continues.
Earlier this year, six women, including Emily Waldorf, filed a lawsuit, Waldorf v. Arkansas, against Arkansas' pro-life law, which protects the majority of preborn children from abortion. The women, along with an OB/GYN, claimed that they have been harmed by the law and asked the court to deem it unconstitutional and block its enforcement temporarily as the case proceeds.
In September, Circuit Judge Cara Connors heard oral arguments from the state's attorneys as to why the lawsuit should be dismissed.
On November 6, Connors dismissed the motion by Arkansas Attorney General Tim Griffin to dismiss the lawsuit. Connors' decision allows the lawsuit to continue through the courts.
In her ruling, Connors also determined that the state of Arkansas and Governor Sarah Huckabee Sanders can not be named parties in the lawsuit due to sovereign immunity. As KARK explains:
Sovereign immunity is a legal doctrine that generally shields a state from being sued without its consent. The protection often extends to governors and other state officials when they are acting in their official roles, though courts may allow lawsuits seeking to block alleged unconstitutional or illegal government actions.
Conners cited Article 5, Section 20 of the Arkansas Constitution, which states, “[t]he State of Arkansas shall never be made a defendant in any of her courts.” She continued that Sanders has no authority to enforce the ban, leaving that to the prosecuting attorney, so she was not a party to the suit.
Griffin, as well as the state's medical board, remain defendants in the case.
Connors has not yet ruled on the plaintiffs' request to place an injunction on the law as the case moves forward. Attorneys for the plaintiff from Amplify Legal said they are still awaiting a decision as to whether or not the current preborn protections will be paused, though they are "confident in the strength" of their clients' claims.
READ: Four women sue Arkansas over pro-life law, but did they 'need' abortions?
Attorney General Griffin's office indicated the state will appeal the ruling.
“We plan to appeal the partial denial of our motion to dismiss and will continue to vigorously defend Arkansas’s duly passed laws that protect innocent life,” said Jeff LeMaster, a spokesman for Griffin’s office.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Cassy Cooke
·International
Angeline Tan
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Nancy Flanders
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Bridget Sielicki
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Nancy Flanders
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Nancy Flanders
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Bridget Sielicki
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Bridget Sielicki
·International
Bridget Sielicki
·Abortion Pill
Bridget Sielicki
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