The Supreme Court is refusing to revive an Arkansas law that would have banned abortions after the 12th week of pregnancy if doctors can detect a fetal heartbeat.
The justices did not comment Tuesday in rejecting the state's appeal of lower court rulings that struck down the law. Federal judges called the law inconsistent with Supreme Court rulings that generally tie restrictions to the fetus' viability, not the presence of a heartbeat.
The high court already has an abortion case on its agenda, examining restrictions on Texas abortion clinics that the state says are meant to safeguard women's health. Abortion-rights supporters argue that the restrictions' only aim is to make abortions harder to obtain.
In a statement, Arkansas Attorney General Leslie Rutledge said:
I am disappointed in the Supreme Court’s decision to not grant certiorari. The Arkansas Human Heartbeat Protection Act was passed by the elected legislators of this State and was a reasonable way to protect the lives of more unborn children. The Court should have granted certiorari to change its current doctrine that prevents a State from prohibiting abortions until later in pregnancy. Arkansas and other states have a profound interest in defending the life of the unborn and as Attorney General, I had a duty to fully defend this statute.
In a post on Facebook, Republican Sen. Jason Rapert, sponsor of the original legislation, said:
Today the U.S. Supreme Court denied hearing an appeal of ACT 301 The Arkansas Heartbeat Protection Act. I am very disappointed, but also satisfied.
I am disappointed that the Supreme Court justices find it so easy to take up cases that destroy the traditions and values of Americans when it is politically expedient, but they hide themselves from true justice when they have within their power the ability to stop our nation from killing 1 million innocent babies every year. They add their names to those who have failed to act when it was in their power to do so and become complicit with the 7 men who unleashed the abortion holocaust on our nation in 1973 which has now killed nearly 60 million little babies.
While I am of course disappointed in this decision to refuse a review of the courts concept of "viability" and the obvious need to do so with advances in medical technology, I am at least comforted that all of the informed consent provisions we included in the Arkansas Heartbeat Protection Act have been left intact.
I am satisfied that we fought the good fight all the way to the U.S. Supreme Court and can say with confidence that we did all we could do in this battle. On March 6, 2013, Arkansas made history by enacting the strongest pro-life law since the 1973 Roe v. Wade decision legalizing abortion on demand. I am grateful for the support of the majority of the Arkansas people, the majority of the Arkansas legislature, Gov. Asa Hutchinson and Attorney General Leslie Rutledge for the unwavering support of the Arkansas Heartbeat Protection Act. Our efforts have not been in vain.
I am but one of tens of millions of people in this nation who believe that the voices of nearly 60 million innocent babies that have been killed in this nation under the guise of "legal abortion" cry out for justice. No other nation in modern history that I am aware of has more innocent blood upon its hands than the United States of America concerning abortion. A sad legacy that eternity will not easily forgive and history will never forget. I am but one person in this epic battle to reawaken the soul of America to finally face the reality of what we are allowing to happen in our nation.
Sadly, I have no confidence in the current U.S. Supreme Court in light of recent decisions that totally reject the traditions, history and will of the people in our nation. We have a crisis in America that must be addressed and the Courts are part of the problem. Weak leaders have been granted power in this nation by voter apathy. We are experiencing lawlessness in our government by social revolutionaries who are ripping our country apart and the federal judiciary is ground zero in the war on American values. By God's grace the people of this nation will awaken and root out every single person who has been responsible for undermining the will of "the people" in our legislative branch, the executive branch and the judicial branch and restore dignity and honor within our government.
We all live to fight the good fight another day. I understand that my family and I have paid a high price for our decision to stand firm on this issue, but the battles have done nothing but make us stronger and more resolved than ever. When I stand before God someday, I will have no regrets on this issue, for I have done the best that I could to give a voice to those who cannot speak for themselves and beg our nation for mercy.
I will never quit speaking up for the unborn child who is the innocent victim of an immoral society given license to murder by an immoral Court. The abolition of slavery came after many battles and a great struggle. Our nation finally defeated that evil foe, only to adopt a worse one in 1973 with the legalization of the killing of innocent little babies in a mother's womb. With every new death in Arkansas and America at the hands of an abortionist, the horrible history of the abortion holocaust in our nation worsens. God have mercy on America for what we have allowed to happen for way too long.
I will continue my fight for the unborn at every level, and by every means. Whether at the state level, the federal level or through an Article V constitutional amendment process - I will continue to advocate for the lives of unborn children. When there is a heartbeat, there is life - no matter what any black robed justice may say.