A Pulaski County judge has ruled that a lawsuit challenging Arkansas’ near-total abortion ban may proceed, while narrowing the list of defendants. Circuit Judge Cara Connors granted motions to dismiss Republican Governor Sarah Huckabee Sanders and the state of Arkansas as defendants, but kept Attorney General Tim Griffin, three state prosecutors, and the Arkansas Medical Board in the case.
The lawsuit, filed in January, was brought by six women and an obstetrician-gynecologist seeking to overturn one of the nation’s strictest abortion bans. The law, which took effect in 2022 after the U.S. Supreme Court overturned Roe v. Wade, bans nearly all abortions except in emergencies to save the life of the pregnant person. It does not allow exceptions for rape or incest. Under Arkansas law, performing an abortion is punishable by up to 10 years in prison and a $100,000 fine.
The plaintiffs argue that the ban is unconstitutionally vague and infringes on Arkansans’ rights to life, liberty, and the pursuit of happiness. Five of the six women involved in the case experienced nonviable pregnancies between 2022 and 2026 and had to seek abortions outside the state. According to court documents, one woman was forced to continue her nonviable pregnancy for weeks, fearing for her life.
Judge Connors dismissed the state and the governor as defendants, citing sovereign immunity, which protects states from being sued in their own courts. However, she emphasized that this ruling does not prevent plaintiffs from seeking declaratory and injunctive relief against the remaining defendants, who are responsible for enforcing the law. "Dismissing the state does not diminish the relief available to plaintiffs," Connors wrote in her order.
The lawsuit, which has garnered national attention, is the first challenge brought by Amplify Legal, the legal arm of the abortion-rights advocacy group Abortion in America, co-founded by the late Cecile Richards. In a statement, Amplify Legal expressed confidence in its case and said it looks forward to the court’s decision on immediate relief.
Attorney General Griffin’s office announced plans to appeal the partial denial of the motion to dismiss. "[We] will continue to vigorously defend Arkansas’ duly passed laws that protect innocent life," spokesperson Jeff LeMaster stated.
At a hearing last month, Judge Connors questioned Solicitor General Autumn Hamit Patterson’s assertion that the abortion law is clear and reasonable, noting the plaintiffs’ allegations of harm. Patterson has argued that the defendants do not enforce the ban, countering claims that Griffin and other named officials have the authority to act under the challenged law.
Since Judge Connors revived this case in May, after a state Supreme Court decision invalidated procedural changes to constitutional challenges, no date has been set for a hearing on the plaintiffs’ request to block the law. In related developments, Griffin recently joined attorneys general in Alabama and Louisiana in suing states with protections for doctors prescribing abortion medication to people residing in states where abortion is banned.
Amplify Legal criticized Griffin's legal actions as conflicting with the state's claims of sovereign immunity. Patterson, however, defended these actions, maintaining they have no relevance to this lawsuit.
The outcome of the case has potential implications for the future of abortion access and legal challenges to similar bans in other states.