Arkansas abortion ban lawsuit faces its first day in court, while the state works to dismiss it

On Monday, September 28, an Arkansas circuit court judge will hold the first hearing in Waldorf v. Arkansas, the case first brought in January on behalf of six women and one OB-GYN seeking to strike down Arkansas’s extreme abortion ban. The state hopes it will be the last hearing as well, as it has filed a motion to dismiss the case, arguing that the state of Arkansas is immune from lawsuits. 

Arkansas’s abortion ban, which came into effect following Roe v. Wade‘s 2022 defeat, prevents abortion even in cases of rape and incest. As several plaintiffs’ experiences demonstrate, the state’s narrow exception to spare the life of the mother is not being applied in practice, as doctors treating pregnant women are terrified of criminal convictions. 

The Waldorf suit, filed by Amplify Legal, the litigation arm of the nonprofit Abortion in America, argues that Arkansas’s near-total abortion ban infringes on pregnant Arkansans’ fundamental rights to life, liberty, equality and the pursuit of happiness guaranteed under the state constitution. 

Lead plaintiff Emily Waldorf‘s story is the stuff of nightmares. She started to miscarry at 17 weeks, leaving her with an unviable pregnancy and no option to get an abortion in Arkansas, even though her cervix was open, placing her at risk of a life-threatening infection. It was only after hiring a lawyer, calling on Governor Sarah Sanders to help and getting no response, and begging hospital officials to intervene that she was finally transferred to a hospital in Kansas for an abortion. 

The Waldorf case has already seen a few dramatic twists and turns. In April, two plaintiffs were added with more recent experiences to demonstrate the abortion bans’ ongoing harm, alongside an urgent request for a preliminary injunction — which, if granted, would halt enforcement of the abortion ban as the lawsuit proceeds. The plaintiffs have also asked for an evidentiary hearing, but that hearing has yet to be scheduled. 

That same month, Pulaski County Circuit Judge Cara Connors initially dismissed the case under a 2025 law that made the Arkansas Court of Appeals, rather than circuit courts, responsible for cases involving constitutional challenges to statutes. The lawsuit revived a short time later after the Arkansas Supreme Court struck down the law requiring the case to be heard in the court of appeals.

The state’s motion to dismiss argues that the state has sovereign immunity and cannot be sued in its own courts. Using the same argument, the state has also moved to block efforts to make Gov. Sarah Huckabee Sanders, who is named as a defendant in the case, sit for a deposition. 

Sanders’ deposition would be important to the case, as Waldorf says that her friends and family contacted Sanders and her staff when Waldorf was refused treatment. As the Arkansas Advocate reported, the motion for Sanders’ deposition seeks information about exchanges between Sanders’ office and Waldorf’s family and friends, as well as communications within the governor’s office about the state’s abortion ban.

Our Matt Campbell dissected the legal arguments of the lawsuit back in January. As he noted, the case faces an uphill battle, writing, “Even if plaintiffs are successful in circuit court — which is far from guaranteed — the Arkansas Supreme Court awaits as the final arbiter in the matter.”

That said, the case has already brought national attention to the harm women are experiencing under the state’s abortion ban. Monday’s hearing could get the ball rolling or keep it rolling a little bit longer, shining a much-needed light on the diabolical suffering pregnant individuals are facing around the state every day.

“People need to see, hear and understand what these Arkansans and their families went through under this ban while pregnant and why Arkansas doctors feel paralyzed to help them and their families in the midst of obstetric emergencies,” said Molly Duane of Amplify Legal in a press release. 

The hearing will be held at 9 a.m. on Monday, September 28 at the Pulaski County Courthouse.