Arkansas Created a Pandemic Catch-22 to Block Abortions

On April 27, Arkansas officials issued a directive requiring anyone seeking elective surgery to obtain a negative COVID-19 test 48 hours prior to an abortion. Can you guess which elective procedure those officials were primarily targeting? Yep, that's right: procedural abortion. On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo explain everything happening in Arkansas.

Protestors gather outside the Supreme Court on March 6, 2020. Photo by Eric Kruszewski

On April 27, Arkansas officials issued a directive requiring anyone seeking elective surgery to obtain a negative COVID-19 test 48 hours prior to an abortion. Can you guess which elective procedure those officials were primarily targeting? Yep, that’s right: procedural abortion.

Advocates almost immediately sued on behalf of three patients who needed an abortion, hadn’t been able to get a COVID-19 test, and were closing in on the deadline imposed by Arkansas’ 20-week abortion ban. According to the lawsuit, Little Rock Family Planning Services had contacted more than 15 testing locations but couldn’t find a single place that would test asymptomatic people. Now the courts have weighed in, and it’s a hot mess.

On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo explain everything happening in Arkansas and ask: Why can people go to the orthodontist without a test—but not the abortion provider?

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Transcript (PDF)