LITTLE ROCK, Ark. (AP) – A federal judge Friday struck down Arkansas’ attempt to ban most abortions beginning 12 weeks into a woman’s pregnancy, saying viability, not a heartbeat, remains the key factor in determining whether abortions should be allowed.
U.S. District Judge Susan Webber Wright last year had stopped enforcement of the law while she reviewed it, and on Friday she declared that it was unconstitutional. She cited previous court decisions that said abortions shouldn’t be restricted until after a fetus reaches viability, which is typically at 22 to 24 weeks.
“The state presents no evidence that a fetus can live outside the mother’s womb at twelve weeks,” the judge wrote.