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Arkansas Lawmakers Disagree On Constitutionality Of Abortion Bill

By: Jocelyn Tovar, KARK 4 NEWS
Updated: March 7, 2013
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"You put your hand on the bible and swear to uphold the constitution and it should mean something," he said.

"We've notified sponsors of legislator that's certainly likely to be challenged that we'll defend them," said Arkansas' Attorney General Dustin McDaniel.

McDaniel said he remains in direct communication with members of the general assembly when their legislation has constitutional concerns.

"We've tried to be very candid with the sponsors," he said.

Sponsors like Representative Andy Mayberry who cosponsored the 20-week abortion bill that was passed last week.

A bill almost identical to one in Idaho overturned by a federal juge this week.

"Certainly disappointed by the Idaho decision," he said.

Representative Mayberry believes what happened in Idaho is in no way a representation of what will happen here.

He's even optimistic the 12 week abortion ban will be upheld.

"They're two entirely separate laws and will be judged separately in the court system," said Mayberry.

"I'm sure it will be cited heavily by those who will challenge the act," said McDaniel who believes the Idaho decision will only give challengers of both Arkansas abortion laws stronger footing.

As far as how much challenges to the law will cost the state, McDaniel said they can only use past benchmarks as a basis.

Comments

The real question should be who flips the bill for the legal challenges? I think there should be a law that if any bills passed are found to be unconstitutional, then the law makers who voted for the bill will be held personally financially responsible for the legal costs and not the tax payers

David S. March 9, 2013 at 5:21 pm

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