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SCOTUS ruling allowing emergency abortions does not apply to Arkansas

While the ruling does not impact Arkansans, one group is still working to get an abortion amendment on the November ballot.

ARKANSAS, USA — It's been two years since Roe v. Wade was overturned in the United States Supreme Court.

On June 27, 2024, the Supreme Court ruled Idaho ER doctors can perform abortions when needed in medical emergencies. 

Although more than a dozen states will be impacted by the ruling allowing Idaho's state Supreme Court to make final decisions on emergency abortion procedures, it does not change current abortion laws in the state of Arkansas.

Right now, the group Arkansans for Limited Government (AFLG) is working to get an amendment that will loosen abortion restrictions on the November ballot.

Family Council Action Committee Representative Jerry Cox said the AFLG amendment could have a major negative impact on Arkansas women.

"The amendment that's being offered would obliterate all of the common sense laws we have that protect the health and safety of women when it comes to abortion. And I think that's dangerous," Cox said.

Cox believes there are many unanswered questions in the amendment, but advocates disagree.

Cox alleges the amendment "does away with parental consent, it does away with informed consent." 

Rebecca Bobrow with AFLG and Dr. Eleanor Kennedy — Healthcare Affiliates for Reproductive Care member — say that is not the case.

"The amendment does not address parental consent at all, which means that existing regulations about parental consent would stand," explains Bobrow.

"There's not a word in the amendment about informed consent being less important or less rigorous than one would expect in the first place. It's just not there," said Dr. Kennedy.

Additionally, Cox says who is allowed to do abortions is not outlined in the amendment. 

"It doesn't elaborate on who's going to be allowed to do the abortions," Cox said. "But one thing is for sure; you don't have to be a doctor to do an abortion if this measure passed." 

5NEWS took a look at the Arkansas Abortion Amendment, which reads: 

"Abortion services assisted by a physician may be provided in a hospital, emergency department, physician’s office or clinic, surgery center, free-standing birthing center, or other licensed healthcare facility."

Cox said the Family Council is urging residents not to sign the petition, and they are prepared to run a statewide campaign should the amendment make it on the ballot.

"It's more extreme than Roe v. Wade, and that's not good for Arkansas," he said. "It does not reflect our values. It doesn't protect the health and safety of women. It's a bad law."

AFLG said they will continue to collect signatures before the July 5 deadline, and that the work does not stop once they reach that goal.

Arkansans for Limited Government is prepared for a "continued campaign against misinformation," Dr. Kennedy said. "We want to get people the facts and make sure they understand this is about getting rid of an extreme abortion ban that most people in the state are not in favor of."

Read the full proposed amendment here.

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