Arkansas State Capitol, Little Rock
LITTLE ROCK, Ark. (KTHV) -- Governor Mike Beebe announced Tuesday afternoon that he vetoed House Bill 1037, a bill that would ban an abortion at 20 weeks.
In a press release, Gov. Beebe says:
"...because it would impose a ban on a woman's right to choose an elective, nontherapeutic abortion before viability, House Bill 1037, if it became law, would squarely contradict Supreme Court precedent. When I was sworn in as Governor I took an oath to preserve, protect, and defend both the Arkansas Constitution and the Constitution of the United States. I take that oath seriously.
"Second, the adoption of unconstitutional laws can be very costly to the taxpayers of our State. It has been suggested that outside groups or others might represent the State for free in any litigation challenging the constitutionality of House Bill 1037, but even if that were to happen, that would only lessen the State's own litigation costs. Lawsuits challenging unconstitutional laws also result in the losing party - in this case, the State - having to pay the costs and attorneys' fees incurred by the litigants who successfully challenge the law. Those costs and fees can be significant. In the last case in which the constitutionality of an Arkansas abortion statute was challenged, Little Rock Family Planning Services v. Jegley, the State was ordered to pay the prevailing plaintiffs and their attorneys nearly $119,000 for work in the trial court, and an additional $28,900 for work on the State's unsuccessful appeal. Those fee awards were entered in 1999, and litigation fees and costs have increased extensively since then. The taxpayers' exposure, should HB 1037 become law, will be significantly greater.
"While I must therefore veto HB 1037, I wish to express my appreciation to its principal sponsor, Representative Mayberry, for his candor and for his respect for the Governor's role in the legislative process."
The bill's sponsor, Rep. Andy Mayberry says he will move forward to override the governor's decision.
"I thought we laid out a good plan or at least a good case on why this is constitutional. Again apparently the governor and I have a disagreement, so we'll just move on to the next stage of the legislative process," said Mayberry.
While Mayberry reinforced his bill is constitutional, he also says it hits close to home.
"In a lot of cases it's because of a prenatal diagnosis of a birth defect. There are some studies that have shown that as many as 92 percent of children with Down Syndrome are aborted, 67 percent with Spina bifida. I have a child with Spina bifida and that's why it is a little personal to me and why I have the passion for it that I do," says Mayberry.
In order to override the governor's veto the bill needs a simple majority of 51 percent in both the house and senate.