Arkansas abortion ban challenged; prison virus cases spike

LITTLE ROCK — Arkansas’ only surgical abortion clinic asked a federal judge Monday to block the state from largely banning the procedure during the coronavirus outbreak, as 43 more state prisoners tested positive for the virus.

State health officials said the number of coronavirus cases has risen to at least 1,410. Three more people have died from the virus, bringing the state’s total deaths to 30.

ABORTION BAN CHALLENGED

Little Rock Family Planning Services challenged the state’s ban on surgical abortions days after officials sent a cease-and-desist letter to the facility.

State health officials accused the clinic of violating an order preventing elective surgeries during the outbreak. They said the order prohibits abortions that ar

en’t needed to protect the life or health of the mother. Other states have used similar orders to restrict abortions.

The clinic said it had more than 20 women scheduled for surgical abortions this week who would not be candidates for abortion-inducing medication that the clinic is still able to administer. In its filing, the clinic’s attorneys said many of those women may travel several hundred miles to undergo the procedure elsewhere.

“This travel will not only impose enormous logistical and financial burdens, but also increase patients’ risk of exposure to COVID-19 and the risk of infection for other Arkansas residents upon their return,” the filing said.

A spokeswoman said Attorney General Leslie Rutledge was reviewing the filings and would determine the next step. Gov. Asa Hutchinson said the lawsuit was not unexpected.

“We took the same action toward this clinic as we would any other clinic that was violating a directive in terms of not engaging in elective surgical procedures,” the Republican governor said.

The American Civil Liberties Union of Arkansas, which represents the clinic, asked to add the request to an ongoing lawsuit that led to three of the state’s abortion restrictions being blocked last year.

MORE INMATES TEST POSITIVE

The state Department of Corrections said 44 of the 46 inmates who live in the same barracks at the Cummins Unit have tested positive for the virus. That’s an increase of 43 inmates since the department first announced over the weekend that a prisoner had tested positive.

None of those additional inmates have shown symptoms, according to the department. The first inmate was tested after he had shown symptoms and was hospitalized.

The the barracks is now under quarantine, with food and supplies brought to the inmates, the department said.

“You can understand how efficiently COVID-19 can be spread in that setting,” Dr. Nathaniel Smith, the state’s health secretary, said.

For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia, and death.

Smith said no staff at the prison have tested positive and officials are testing inmates from other barracks in the prison.

Smith said the number of inmates who have tested positive at a federal prison in Forrest City has risen to 46.

POST-PEAK ADVISORS NAMED

Hutchinson named a seven-member advisory board to recommend ways to avoid a resurgence of the coronavirus pandemic after Arkansas hits its peak. Hutchinson said the panel of epidemiologists and other infectious disease experts will be headed by Smith.

“What do we need to do to avoid peaks in the future? What do we need to do to not see a resurgence of this and how do we live in this environment, what kind of mitigation efforts do we need to have in place?” Hutchinson said.