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Arkansas adopts US's most restrictive abortion law
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Staff Report
Updated: Mar 6, 2013, 9:57 PM
Published: Mar 6, 2013, 9:58 PM

 

LITTLE ROCK, Ark. (AP) — Arkansas lawmakers overrode a veto Wednesday and gave the state the most restrictive abortion law in the country — a near-ban on the procedure from the 12th week of pregnancy onward that is certain to end up in court.

A day after the Republican-led state Senate voted to override Democratic Gov. Mike Beebe's veto, the GOP-controlled House voted 56-33 to do the same. Only a simple majority was needed in each chamber.

The vote comes less than a week after the Legislature overrode a veto of a separate bill banning most abortions starting in the 20th week of pregnancy. That bill took effect immediately after the final override vote, whereas the 12-week ban wouldn't take effect until this summer.

Abortion rights proponents have already said they'll sue to block the 12-week ban from taking effect. Beebe warned lawmakers that both measures are likely to fail in court and that the state would end up wasting money defending them if they became law.

The measures' supporters, who expected court challenges, were undaunted.

"Not the governor, nor anyone else other than the courts, can determine if something is constitutional or unconstitutional," Rep. Bruce Westerman, a Republican from Hot Springs, said in urging his colleagues to override Beebe.

Bill sponsor Sen. Jason Rapert, a Republican from Conway, watched the vote from the House gallery and said a number of law firms have offered to help the state defend the laws in court, if it comes to that.

"I'm just grateful that this body has continued to stand up for the bills that have passed. The eyes of the entire nation were on the Arkansas House of Representatives today," he said.

Beebe rejected both measures for the same reasons, saying they were unconstitutional and contradicted the 1973 Roe v. Wade ruling that legalized abortion until a fetus could viably survive outside the womb. A fetus is generally considered viable at 22 to 24 weeks.

"The Arkansas Legislature has once again disregarded women's health care and passed the most extreme anti-women's health bill in the country," said Jill June, the CEO of Planned Parenthood of the Heartland. "With this bill, the Arkansas Legislature will force many women to seek unsafe care."

The 12-week ban would prohibit abortions from the point when a fetus' heartbeat can typically be detected using an abdominal ultrasound. It includes exemptions for rape, incest, the life of the mother and highly lethal fetal disorders. The 20-week prohibition, which is based on the disputed claim that a fetus can feel pain by the 20th week and therefore deserves protection from abortion, includes all of the same exemptions except for fetal disorders.

Six Democrats joined with Republicans in voting to override the veto of the 12-week ban. Last week, only two Democrats voted to override the veto of the 20-week ban.

"I think a lot of people felt some pressure after the last vote," said House Minority Leader Greg Leding, a Democrat from Fayetteville.

The measure is among several abortion restrictions lawmakers have backed since Republicans won control of the House and Senate in the November election. Republicans hold 21 of the 35 Senate seats, and 51 of the 100 seats in the House. It takes a simple majority in both chambers to override.

Beebe has signed into law one of those measures, a prohibition on most abortion coverage by insurers participating in the exchange created under the health care law.

Rep. Ann Clemmer, a Republican of Benton serving her third term in the House, asked her colleagues to support the override attempt, saying her votes on anti-abortion bills this year were the first time she could fully express a pro-life stand at the Capitol. When Democrats held control, such bills never made it this far.

"If I say that I'm pro-life, at some point I have to do something about what I say I believe," said Clemmer, the bill's sponsor in the House.

Unlike the 20-week ban, which took effect immediately, the 12-week restriction won't take effect until 90 days after the House and Senate adjourn. Lawmakers aren't expected to wrap up this year's session until later this month or April.

In vetoing both measures, Beebe has cited the costs to the state if it has to defend either ban in court. The American Civil Liberties Union of Arkansas has vowed to sue if the state enacts the 12-week ban and the group said it was considering legal action over the 20-week restriction as well.

"I think today, for whatever reason, the Arkansas House turned its back on the women of Arkansas and said we don't think you're capable of making your own decisions," said Rita Sklar, ACLU of Arkansas' executive director. Sklar said the group planned to file suit in federal court in the next couple weeks.

Beebe noted that the state paid nearly $148,000 to attorneys for plaintiffs who successfully challenged a 1997 late-term abortion ban.

The original version of Rapert's bill would have banned abortions as early as six weeks into a pregnancy, but he changed the measure after facing resistance from some lawmakers worried that it would require the use of a vaginal probe.

Women who have abortions would not face prosecution under Rapert's bill, but doctors who perform abortions in violation of the 12-week ban could have their medical licenses revoked.

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Raging wildfires in South force evacuations in Tennessee
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Fires blaze on the hills above Dollywood’s DreamMore Resort in Pigeon Forge, Tenn. Tuesday morning. Bruce McCamish Photography | The Covington News
Staff Report
Updated: Nov 29, 2016, 2:44 PM
Published: Nov 29, 2016, 2:45 PM

ATLANTA (AP) — Raging wildfires fueled by high winds forced the evacuation of thousands of people and damaged hundreds of buildings in a popular resort town on the border of the Smoky Mountains National Park as National Guard troops arrived early Tuesday to help overwhelmed firefighters.

Rain had begun to fall in some areas, but experts predicted it would not be enough to end the relentless drought that has spread across several Southern states and provided fuel for fires now burning for weeks in states including Tennessee, Georgia and North Carolina.

The storms appeared to be taking aim at the nearly 28,000-acre Rough Ridge Fire in north Georgia and the nearly 25,000-acre Rock Mountain Fire that began in Georgia and then spread deep into North Carolina.

In Gatlinburg, Tennessee, officials said hundreds of homes and other buildings, including a 16-story hotel, were damaged or destroyed by flames. And preliminary surveys indicated that Westgate Resorts, with more than 100 buildings, and Ober Gatlinburg were both likely destroyed, according to a news release Tuesday morning.

Emergency officials ordered evacuations in downtown Gatlinburg and Pigeon Forge and in other areas of Sevier County near the Smoky Mountains while crews continue to battle the blaze, which also had crept to the edge of the Dollywood theme park. About 14,000 residents and visitors were evacuated from Gatlinburg alone, officials said.

No deaths have been reported, though several people were hospitalized with burns, emergency officials said in the news release.

Officials say there are about 1,200 people sheltering at the Gatlinburg Community Center and the Rocky Top Sports Park. Several other shelters have opened to house those forced from their homes. TV broadcasts showed residents streaming out of town just as rain started to wet roads.

Workers at an aquarium evacuated because of the wildfires were concerned about the thousands of animals housed there. Ryan DeSears, general manager of Ripley's Aquarium of the Smokies, told WBIR-TV the building was still standing and all workers had been evacuated late Monday. However, he said workers were anxious to return to check on the well-being of the 10,518 animals.

The rain forecast "puts the bull's-eye of the greatest amounts right at the bull's-eye of where we've been having our greatest activity," said Dave Martin, deputy director of operations for fire and aviation management with the southern region of the U.S. Forest Service.

The projected rainfall amounts "really lines up with where we need it," Martin said Monday. "We're all knocking on wood."

After weeks of punishing drought, any rain that falls should be soaked up quickly, forecasters said. It will provide some relief but won't end the drought — or the fire threat, they said.

Drought conditions will likely persist, authorities said. The problem is that rainfall amounts have been 10 to 15 inches below normal during the past three months in many parts of the South, authorities said.

"I think we racked up deficits that are going to be too much to overcome with just one storm system," said Mark Svoboda, director of the National Drought Mitigation Center in Lincoln, Nebraska.

"I would say it's way too early to say 'Yes, this drought is over,'" Svoboda said. "Does it put a dent in it? Yes, but we have a long ways to go."

The rain also brings danger because strong winds at the leading edge of the storms can topple trees and limbs that can kill and injure firefighters, he said.

In Mississippi, trees were reported downed Monday in nearly 20 counties across the state. Sustained winds of 30 to 40 mph with gusts of more than 50 mph were reported and more than 2 inches of rain fell in some areas.

Power outages peaked at more than 23,000 statewide in Mississippi. Powerlines downed by winds sparked grass fires in four counties, said Greg Flynn, a spokesman for the Mississippi Emergency Management Agency.

The storms moved across Alabama on Monday night and fell on Georgia during the overnight hours. High wind warnings were issued for mountainous areas in northern parts of Georgia.

In South Carolina, the stormy forecast was giving hope to firefighters battling a blaze in the northwest corner of the state. The South Carolina Forestry Commission hopes to contain the Pinnacle Mountain fire by the middle of next week.
More rain was expected Tuesday night and Wednesday morning in parts of Louisiana, Mississippi and Alabama.
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Fuller reported from New Orleans. Associated Press writers Rebecca Yonker in Louisville, Kentucky; Jeff Amy in Jackson, Mississippi; Beth Campbell in Louisville, Kentucky; and Jack Jones in Columbia, South Carolina, contributed to this report.