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    Rutledge: Fifth Circuit Should Validate Law Banning Inhumane Treatment of the Unborn

    March 6, 2018

    Says, ‘I will always advocate for the lives of unborn children’

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has joined 25 state attorneys general and governors to file an amicus brief in the U.S. Court of Appeals for the 5th Circuit supporting Texas’ right to ban an outrageous abortion procedure that rips unborn babies limb from limb.

    “Arkansas is taking a strong stance to protect the unborn from inhumane treatment,” said Attorney General Rutledge. “No defenseless baby should ever face the unimaginable and horrifying fate of death by dismemberment. As Arkansas’s chief legal officer, I will always advocate for the lives of unborn children and defend our State’s legal right to protect the unborn.”

    Arkansas saw similar legislation in 2017, when the General Assembly overwhelmingly passed a bill banning the dismemberment form of abortion that Governor Asa Hutchinson subsequently signed into law. That law was enjoined by federal district court Judge Kristine Baker, but Attorney General Rutledge is seeking to overturn the injunction in an appeal to the United States Court of Appeals for the 8th Circuit.

    The U.S. Supreme Court has held that states have an interest in protecting and fostering respect for human life, including the unborn, and such legal challenges ignore this precedent. Abortion by dismemberment erodes respect for life, as outlined in the brief.

    The states make clear in the brief that they oppose abortion generally, but are particularly horrified at this form of abortion. The brief explains that the states “regret being placed in a position of advocating for fetal death as a humane alternative to a procedure that should have no place in a civilized society—a situation that only highlights how absurdly far judicial decisions regarding unborn human life have departed from authorities barring inhumane treatment of animals and criminals facing the death penalty.”

    Led by Louisiana Attorney General Jeff Landry, Rutledge is joined on the brief by Alabama, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wisconsin, along with Governors from Kentucky, Maine and Mississippi.

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