Arkansas

Arkansas AG Tim Griffin doubles down on blocking your abortion rights


As Arkansans take their fight for reproductive liberty to the courts, Attorney General Tim Griffin is trying to tighten the already squeezed access to abortion care in the state.

On Wednesday, Griffin linked arms with attorneys general from the similarly blood-red states of Alabama and Louisiana to sue far-away healthcare providers who prescribe and ship abortion pills to patients in states with abortion bans in place.

The drugs mifepristone and misoprostol are FDA-approved, and the medical consensus is that ending a pregnancy using these abortion-inducing medications is considered safe and effective through 11 weeks of pregnancy, and likely beyond.

But in Arkansas and other states that repealed longstanding abortion access upon the 2022 fall of Roe v. Wade, anti-abortion conservatives continue to try to choke off any access, regardless of the physical and mental harm some women who are now forced to carry unhealthy or dangerous pregnancies now face.

Arkansas law does not target women who access abortion pills, but does allow for prosecution of people who help them get the medications.

It’s not clear if Griffin can do much here, though. Some states, including New York and California, have enacted shield laws to protect their doctors who help get the medications to women in states where abortions are banned. Griffin and the other attorneys general are asking the courts to strike down those shield laws.

We’re guessing Griffin and other pro-life extremists are pretty miffed that despite the trigger law that criminalized abortion care in Arkansas upon the Dobbs decision of 2022, the number of abortions in the state seems to be on the rise. Those stats are thanks to these miracle pills by mail, and to Arkansans traveling to other states where abortion by medical procedure are still legal and available. Arkansas, like some other red states, now has a well-organized army of reproductive rights supporters raising money and awareness to make sure women who want or need abortions can still get them, despite geographical or economic limitations.

Griffin’s office sent out a press release about the suit, saying the 29 named defendants helping to get abortion medications across state lines are “deliberately bypassing safeguards Arkansas requires to protect women and girls.”

From Griffin’s press release:

“The 2022 Dobbs decision made it clear that laws governing abortion will be established and enforced at the state level. Arkansas, Alabama, and Louisiana have each passed laws that prohibit the killing of unborn babies and bar groups outside the state from facilitating abortions inside our state borders. But organizations and individuals have repeatedly ignored those laws by shipping abortion pills to residents in each of our three states.

“Following a multi-year investigation, today we have filed a civil suit against 29 defendants for violating federal public nuisance common law. Our claims against the individuals and organizations behind this commercial operation also include violations of Arkansas’s consumer-protection laws. All 29 Defendants engaged in unconscionable conduct by knowingly violating Arkansas law and deliberately bypassing safeguards Arkansas requires to protect women and girls. They also misrepresented the safety, efficacy, legality, and FDA status of the drugs they sell, while leaving out material information about serious complications, the limitations of remote screening, and what can happen when a woman needs emergency care.

“In addition, Arkansas joined Alabama and Louisiana in filing an original action in the United States Supreme Court challenging the constitutionality of California, Massachusetts, and New York’s shield laws. These laws unconstitutionally nullify the laws of pro-life states by insulating abortion providers from liability in Arkansas.

“The rule of law matters, and with this action, we are sending a clear signal that our states take our laws seriously. I have been proud to stand up for the lives of the unborn my entire time in public service, and I am proud to defend Arkansas’s pro-life laws through this action today. Arkansas’s General Assembly has repeatedly heeded the call to protect pregnant mothers and their unborn children, and I will continue to fight to uphold the General Assembly’s duly passed laws protecting life.”

You can read the full court filing here.



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