Law Professor Weighs In On Anti-Abortion Bill's Constitutionality
By: Jocelyn Tovar, KARK 4 News
Updated: January 31, 2013
"I don't think anyone should have control over someone else's body," said Laura Hadden.
"I don't see a problem with it," said Ken Beard.
"It's a very polarizing discussion in the public," said Theresa Beiner, a law professor for UALR.
She said the bill, that restricts abortions after a heart beat is detected, conflicts with the U.S. Supreme Court's Planned Parenthood v. Casey ruling, a modification of Roe v. Wade that brought up the viability of a fetus, or whether it can survive without its mother.
"Because you can detect a heartbeat so early," Beiner said, "what you're ending up doing is prohibiting first-trimester abortions."
In the Casey case, the Supreme Court ruled against any substantial obstacle being placed in front of the mother of a fetus that is not yet viable.
"Preventing it would clearly be unconstitutional this early on in a pregnancy," said Beiner.
"If it's at six weeks or 12 weeks," said Canndace Davis, "I wouldn't do it."
The bill will now have to make its way through the republican controlled house of representatives, where it's expected to pass.
"It's a republican state," said Gary Sharp.
"In Arkansas? Perhaps," said Hadden, "which saddens me."
A representative from the ACLU warned lawmakers this week that the state would be sued if this measure is passed into law.
Governor Mike Beebe mentioned those legal concerns when asked whether he would sign it.
"I don't see a problem with it," said Ken Beard.
"It's a very polarizing discussion in the public," said Theresa Beiner, a law professor for UALR.
She said the bill, that restricts abortions after a heart beat is detected, conflicts with the U.S. Supreme Court's Planned Parenthood v. Casey ruling, a modification of Roe v. Wade that brought up the viability of a fetus, or whether it can survive without its mother.
"Because you can detect a heartbeat so early," Beiner said, "what you're ending up doing is prohibiting first-trimester abortions."
In the Casey case, the Supreme Court ruled against any substantial obstacle being placed in front of the mother of a fetus that is not yet viable.
"Preventing it would clearly be unconstitutional this early on in a pregnancy," said Beiner.
"If it's at six weeks or 12 weeks," said Canndace Davis, "I wouldn't do it."
The bill will now have to make its way through the republican controlled house of representatives, where it's expected to pass.
"It's a republican state," said Gary Sharp.
"In Arkansas? Perhaps," said Hadden, "which saddens me."
A representative from the ACLU warned lawmakers this week that the state would be sued if this measure is passed into law.
Governor Mike Beebe mentioned those legal concerns when asked whether he would sign it.
