Ark. Appeals Court Rules Against Law Banning Abortions After 12 Weeks

A federal appeals court in Arkansas blocked a law this week that would ban abortion after 12 weeks gestation.

The U.S. Court of Appeals for the 8th Circuit determined Wednesday that banning abortions after 12 weeks based on the detection of a fetal heartbeat would unconstitutionally burden women.

The court argued that the reason for banning abortion should rely on the fetus's ability to survive outside of the womb, not on the presence of a heartbeat.

 "By banning abortions after 12 weeks' gestation, the Act prohibits women from making the ultimate decision to terminate a pregnancy at a point before viability. Because the State made no attempt to refute the plaintiffs' assertions of fact, the district court's summary judgment order must be affirmed," the court wrote in its decision.

This week's ruling upholds a lower court's ruling that struck down the Arkansas fetal heartbeat law before it took effect two years ago.

The court also said that the current medical and technological advances taking place make the ability to determine when a fetus will be viable out of the womb more difficult.

"This case underscores the importance of the parties, particularly the state, developing the record in a meaningful way so as to present a real opportunity for the court to examine viability, case by case, as viability steadily moves back towards conception," the court said.

The Supreme Court ruled in 1992 that women should be allowed to choose to have an abortion before their fetus would be viable outside of the womb.