Slate: “The Supreme Court’s recent decision in June Medical v. Russo was hailed by many liberal court watchers as a win for reproductive rights, as the court declined to overturn Roe v. Wade and formally eliminate the right to an abortion. On Friday, however, a federal appeals court ruled that June Medical significantly narrowed the constitutional right to abortion access. The 8th U.S. Circuit Court of Appeals panel swept away an injunction that had blocked Arkansas from enforcing a slew of abortion restrictions, including a requirement that patients pregnant as a result of rape notify their rapists before terminating their pregnancy. The appellate court’s decision confirms that Chief Justice John Roberts’ controlling opinion in June Medical will serve as a tool to eviscerate abortion rights. Those who briefly heralded him as a champion of reproductive freedom were too caught up in the halftime show to see the game.”
“Friday’s ruling in Hopkins v. Jegley greenlights four Arkansas regulations passed in 2017. The first of these laws requires clinics to report the names of abortion patients under 18 to local law enforcement. These clinics must then preserve the fetal tissue and treat it like criminal evidence. The second law forces abortion providers to spend ‘reasonable time and effort’ acquiring a patient’s medical records for her ‘entire pregnancy history’ before performing the abortion. The third law grants equal rights over fetal remains to both partners, with no exception in cases of rape. A patient must notify her partner before the abortion and ask which method of disposal he prefers. If both partners are minors, the patient’s parents get to decide how fetal remains are disposed of. If the patient is a minor but her partner is an adult, then he—not the patient—makes the choice. These rules effectively prohibit medication abortion, which occurs at home, where the provider cannot control the disposal of fetal remains. The fourth and final law bans the safest and most common procedure for second-trimester abortions.”