The Future of Abortion Rights in the US Hangs in the Balance as Supreme Court Hears Arguments in Little Rock Family Planning Services v. Rutledge
Creators: name: Kumar, Nandana
Publisher: name: American University
Year: 2023
Subjects: classificationCode: 48
subject: Law and legal studies

description: Recent arguments in a lawsuit disputing the limitations of an Arkansas abortion statute were presented to the US Supreme Court. The proposed legislation prohibits the use of the abortion pill, sometimes known as medication-induced abortions, after the first seven weeks of pregnancy. The court’s ruling, in this case, might materially change how Americans view abortion rights going forward.
The Arkansas legislation at issue in the case, Little Rock Family Planning Services v. Rutledge, was passed in 2021[1]. The law requires medical professionals who perform medication-induced abortions to have a written contract with another practitioner who will address any issues that might occur during the treatment. The policy also limits the use of drug-induced abortions to the first seven weeks of pregnancy and outlaws them after that point. The plaintiffs assert that the Act violates their constitutional right to access abortion care and unfairly burdens women who wish to have abortions. They further assert that the rule is based on erroneous medical information and is not backed by research.
For women who decide to end their pregnancies, medication-induced abortions are a safe and practical alternative [2]. However, opponents of the law claim that Arkansas’ restrictions will prevent women from having access to these procedures. Additionally, they claim that the legislation is a component of a larger conservative legislative campaign to impede access to abortion clinics and reverse Roe v. Wade, a major 1973 Supreme Court ruling that established the constitutional right to abortion.
The outcome of this case by the Supreme Court could have a big impact on the future of abortion rights in the US. If the Arkansas law is upheld by the court, other states may be motivated to enact legislation that limits access to medication-induced abortions. Additionally, it might open the door for broader limits on abortion rights. On the other side, if the court overturns the Arkansas legislation, it may be a clear indication that states cannot place unnecessary limitations on access to abortion services. In areas where lawmakers have been trying to restrict access to the procedure, in particular, this could aid in defending women’s access to safe and legal abortion services.
An analogous law would be Texas’ SB8, which forbids abortions after a fetal heartbeat is found, typically at roughly six weeks of pregnancy. SB8 restricts medication-induced abortions and grants private persons the ability to sue anybody who facilitates an abortion after six weeks, including medical professionals, clinic staff, and even people who drive women to appointments, much like the Arkansas law does [3]. SB8 is also being challenged in court as being unconstitutional, but it is still in effect during the trial.
Both proponents and opponents of reproductive rights are closely following the situation because it could pave the way for other legal challenges to the availability of abortion in the US. Because the resolution of this lawsuit may revive the abortion debate prior to the 2024 presidential election, it could have political effects in addition to legal ones.
A number of legislation intended to limit American women’s access to abortions have been introduced in recent years. Many states have passed legislation that places restrictions on access to abortion services, such as waiting periods, ultrasound requirements, and other restrictions. A few states have even passed legislation outlawing abortions entirely or beyond a specific stage in pregnancy.
Following challenges, numerous of these laws have been declared illegal by courts around the country. The conclusion of the Little Rock Family Planning Services v. Rutledge case may pave the stage for similar legal disputes in the future given that conservative legislators have persisted in calling for greater limitations on access to abortion care.