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Rutledge asks U.S. Supreme Court to Decide Constitutionality of the Arkansas Human Heartbeat Protection Act


October 6, 2015

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today filed a petition for a writ of certiorari asking the U.S. Supreme Court to uphold the constitutionality of the Arkansas Human Heartbeat Protection Act. Rutledge announced her intention to petition the Court on Sept. 23.

“As the State argues in its petition to the Court, I believe that certiorari should be granted to allow the Court to revisit and overturn the arbitrary viability rule,” said Attorney General Rutledge. “Arkansas and other States should be allowed to advance their profound interests in defending the life of the unborn, which is exactly what the Arkansas Human Heartbeat Protection Act accomplishes.”

The Arkansas Human Heartbeat Protection Act prohibits abortions after 12 weeks of gestation when a heartbeat is detected.

Rutledge’s petition to the U.S. Supreme Court comes after a three-judge panel of the 8th Circuit Court of Appeals issued a decision that affirmed U.S. District Judge Susan Webber Wright’s ruling that prohibiting abortions after 12 weeks of gestation is unconstitutional. The Attorney General’s Office requested a rehearing of the case before the full membership of the 8th Circuit, but rehearing was denied.

For a copy of the petition, click here.

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