Federal judge Kristine Baker of the US District Court for the Eastern District of Arkansas issued Tuesday a temporary restraining order that halted four Arkansas anti-abortion regulations from taking effect.
In 2017, the Arkansas legislature passed a set of abortion laws that included a ban on the common abortion method of dilation and extraction, as well as a requirement for abortion providers to notify and seek consent from the woman’s partner or a family member before performing the procedure. Health care workers would also be required to report teenage patient abortions to local police, and physicians would be forced to request medical records with no medical justification. The regulations were set to take effect on Tuesday.
The American Civil Liberties Union (ACLU) and the Center for Reproductive Rights challenged the regulations on behalf of Dr. Frederick Hopkins, a Little Rock abortion provider. They argued that the laws placed inordinate burdens on women seeking abortion care, asking the court to block the laws from being enforced.
Judge Baker initially blocked the regulations by issuing a preliminary injunction on July 28, 2017. However, the US Court of Appeals for the Eighth Circuit upheld the regulations in August 2020, looking to Justice Roberts’ concurring opinion in the Supreme Court case, June Medical Services L. L. C. v. Russo. On December 15, the appeals court declined to reconsider its decision.
On Tuesday, Dr. Hopkins amended his complaint, and the Little Rock Family Planning Service also joined the lawsuit. In issuing the temporary restraining order, Judge Baker adopted her previous findings of fact about the personal health and safety concerns of women seeking abortion services.
Judge Baker found that the plaintiffs were likely to succeed on their challenges. She found that the dilation and extraction regulation imposed an unconstitutional substantial, and undue burden. Enforcement of the regulations would also irreparably harm women and the plaintiffs. The judge also found that the medical records mandate would have a “chilling effect on women seeking abortion care” and that the requests would increase delay and cost in obtaining records.
The temporary restraining order is in effect until January 5.
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