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Federal Judge holds off decision on which abortions can be performed in Arkansas during the COVID-19 pandemic

Apr 29, 2020

By Dave Andrusko

U.S. District Judge Kristine Baker, a favorite of pro-abortion litigants, Tuesday told the state of Arkansas and the state’s lone surgical abortion center in effect to go to their respective corners in the light of “changing circumstances.”

At issue is the weeks-long stand off between Arkansas and the ACLU, which is representing Little Rock Family Practice Services over the circumstances in which abortions can take place during the COVID-19 pandemic.

Linda Satter, of the Arkansas Democrat-Gazette, wrote that “Citing a status report filed Monday,” Judge Baker said the abortion clinic “continues to assess its ability to comply with a new directive” issued by the state Department of Health “on elective procedures during the coronavirus outbreak.”

As NRL News Today reported, on April 27, the state Department of Health replaced an April 3 order that had banning elective procedures statewide during the pandemic with one described by Satter as more “relaxed.”

The three key new provisions are that (1) a patient test negative for COVID-19 at least 48 hours before the surgical procedure; (2) surgeries are limited to “out-patient” procedures; and (3) the surgical facility must have an “amply supply” of PPE—Personal Protective Equipment.

The faceoff has never been over “medication” [chemical] abortions, the performance of which has been unaffected.

Gov. Asa Hutchinson gave the Health Department authority to take measures to protect the public from the coronavirus, the basis for both the April 3 and the April 27 orders.

The basic standoff in Arkansas is reminiscent of battles in other states.

In Satter’s description, “The state considers most surgical abortions to be elective procedures, which it defines as all surgeries not necessary to protect the health or life of the patient. But the clinic, which is the state’s only provider of surgical abortions, maintains that abortions aren’t ‘elective’ because they are time-sensitive and cannot be paused without dire consequences.”

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