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Planned Parenthood Arkansas and Eastern Oklahoma v. Smith

Filed On

Jun 20, 2017

The ACLU, ACLU of Arkansas and Planned Parenthood Federation of America filed a lawsuit on behalf of Planned Parenthood Great Plains and Little Rock Family Planning challenging Act 383, a TRAP law that singles out abortion clinics for onerous regulations and inspection.

In their Complaint, Plaintiffs allege that Act 383 (formerly HB 1428) requires the state of Arkansas to suspend an abortion clinic’s license for even the most minor of errors, and that no other type of health care provider is held to the same harsh standard.

Plaintiffs allege that the law violates their and their patients’ right to equal protection under the 14th Amendment to the U.S. Constitution because it imposes mandatory license suspension on abortion clinics that it does not impose on other health care centers. They further allege that the law violates their patients’ right to privacy and liberty as guaranteed by the 14th Amendment because the law poses an undue burden on a pregnant person’s right to choose abortion. Finally, they ¬†allege that the law violates their substantive due process rights by imposing excessive licensure penalties without adequate justification.