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AR Atty. General Confirms Appeal of 12-Week Abortion Ruling

Attorney General Dustin McDaniel says the state will appeal a federal judge's ruling that Act 301 of 2013 is unconstitutional.
LITTLE ROCK, AR (News release) -- Attorney General Dustin McDaniel released the following statement today after deciding to pursue an appeal of U.S. District Judge Susan Webber Wright's ruling in the federal lawsuit over Act 301 of 2013, which was sponsored by Sen. Jason Rapert:

"I have spoken candidly with Sen. Rapert about the risks and costs associated with an appeal.

"Sen. Rapert has specifically asked me to appeal. I agreed to do so as long as there would be no impact on the budget of the Arkansas State Medical Board, the defendant in this matter, should the state be required to pay attorneys' fees to the plaintiffs. I have been personally assured by Senate President Pro Tempore-designate Dismang and House Speaker-designate Gillam that the Medical Board budget will not be affected, and that any costs borne from this litigation will be paid through a separate appropriation.

"Therefore, the notice of appeal was filed today and this office will diligently litigate this matter to its conclusion.

"I have also committed to Sen. Rapert, Jerry Cox and the Liberty Counsel our continued cooperation and transparency in the course of this litigation."]

Shortly after the appeal was announced, State Sen. Jason Rapert, who sponsored the Arkansas Human Heartbeat Protection Act, praised McDaniel's decision.

"When there is a heartbeat, there is life. In 1973 the U.S. Supreme Court created an erroneous viability standard to determine if a state's limits on abortion are constitutional. Over the last 41 years, because of that decision almost 60 million babies have been dismembered, poisoned, or chemically burned to terminate their lives. That is comparable to almost the entire population of Texas and the country of Canada put together. This is ten times the amount of people that were killed during the Jewish holocaust. It is a travesty," Rapert said.
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