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 The nine justices, with no noted dissents, declined to hear an
appeal by abortion provider Planned Parenthood of a lower court
ruling that had revived the 2015 state law, which sets regulations
regarding the RU-486 "abortion pill," after it was earlier struck
down by a federal judge. The law had remained blocked pending the
outcome of the appeal to the Supreme Court.
Unless Planned Parenthood obtains a new injunction from a federal
judge blocking the law - the group said it will seek such an order
immediately - the state can enforce the statute, one of the most
restrictive abortion measures in the United States.
Planned Parenthood, which contends that the law would ban medication
abortion in Arkansas, also said it is telling patients they can no
longer access medication abortions at its two clinics in the state.
The only other abortion clinic in Arkansas, Little Rock Family
Planning Services in the state capital, offers both surgical and
medication abortions.
"This law cannot and must not stand. We will not stop fighting for
every person's right to access safe, legal abortion," said Dawn
Laguens, Planned Parenthood's executive vice president.
The Supreme Court in 1973 legalized abortion nationwide, but many
Republican-governed states have passed laws seeking to impose a
variety of restrictions, some so demanding that they may shut down
abortion clinics and make the procedure far more difficult to
obtain.
"As Attorney General, I have fully defended this law at every turn
and applaud the Supreme Court's decision against Planned Parenthood
today. Protecting the health and well-being of women and the unborn
will always be a priority," Arkansas Attorney General Leslie
Rutledge, a Republican, said in a statement.
TEXAS RULING
The justices, in a 2016 ruling, struck down a restrictive
Republican-backed Texas law that had targeted abortion clinics and
doctors in a decision that was seen as reaffirming and fortifying
legal protections for abortion rights. Planned Parenthood had
claimed the appeals court ruling in the Arkansas case had
disregarded the precedent set in the Texas case.
The St. Louis-based 8th U.S. Circuit Court of Appeals restored the
law last year, reversing a 2016 ruling by a district court judge
that had prevented it from going into effect.
Planned Parenthood Great Plains sued the state in 2015, saying the
law would deprive many Arkansas women of their legal right to an
abortion.
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The law involves the RU-486 "abortion pill," also called
mifepristone (brand name Mifeprex) and misoprostol (brand name
Cytotec). It requires any doctor dispensing the drug to sign a
contract with another doctor who would agree to handle any medical
complications from it, an unusual and difficult-to-achieve
arrangement. The contracted doctor also must have admitting
privileges at a hospital designated to handle emergencies.
Arkansas said the law was aimed at protecting women against the
"dangerous and potentially dangerous" off-label use of the abortion
pills.
RU-486 was approved by the U.S. Food and Drug Administration in 2000
subject to the instructions stated on the label. The "off-label" use
prohibited by Arkansas allowed for less physician oversight when
RU-486 is used. Planned Parenthood, which offers only
medication-induced abortions at its two facilities in Arkansas, said
the effect of the law would be to ban such abortions in the state.
The district court judge had found that women in Fayetteville, for
example, would have to make two 380-mile (610-km) round trips to get
an abortion at what would be the state's last remaining abortion
clinic.
Even as U.S. states pursue new abortion limits, restrictions in some
other countries are loosening. Ireland voted overwhelmingly last
week to repeal a constitutional amendment that banned abortion.
In 2013, the U.S. Supreme Court left intact an Oklahoma court ruling
that struck down a state law that would have effectively banned
RU-486.
In the Supreme Court's current term, which runs through the end of
June, the justices are weighing another abortion-related case. In
that one, operators of Christian-affiliated "crisis pregnancy
centers" that steer women with unplanned pregnancies away from
abortion are challenging a California law that requires them to post
notices telling women about the availability of state-subsidized
abortions.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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