Arkansas Supreme Court Denies Ballot Measure to Establish Abortion as a Constitutional Right


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by Karen Faulkner, Worthy News Correspondent

(Worthy News) – In a narrow majority decision last week, the Arkansas Supreme Court ruled that state voters will not be allowed to decide on an abortion rights ballot initiative in November because the signed petitions requesting the measure were not filed properly, the Associated Press reports.

Abortion is banned in Arkansas unless the woman’s life is in danger due to a medical emergency.

The ballot initiative, filed by the Arkansans for Limited Government organization, aimed to protect abortion access in the state constitution up to 18 weeks after fertilization. It also sought to ensure abortion access beyond that point for pregnancies resulting from rape or incest, in cases of fatal fetal anomalies, and when abortion care is necessary to protect the pregnant woman’s life or physical health.

“We find that the Secretary correctly refused to count the signatures collected by paid canvassers because the sponsor failed to file the paid canvasser training certification” in the way the law requires, Justice Rhonda Wood wrote for the 4-3 majority.

Dissenting, Justice Karen Baker wrote: “Why are the respondent and the majority determined to keep this particular vote from the people? The majority has succeeded in its efforts to change the law in order to deprive the voters of the opportunity to vote on this issue, which is not the proper role of this court.”

Arkansas Attorney General Tom Griffin praised the ruling, referring to it as a “win for the rule of law.”

“The people rule in Arkansas, through the law,” Griffin said. “Changing the Arkansas Constitution involves a rigorous process requiring strict adherence to the law.”

Arkansas Governor Sarah Huckabee Sanders reacted to the decision, expressing pride in having “helped build the first conservative Supreme Court majority in the history of Arkansas.” She added that the majority upheld what she described as the rule of law “and with it, the right to life.”

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