Abortion Clinics and the ACLU Are Fighting a Common-Sense Order Requiring Negative COVID-19 Test Before ANY Elective Procedure Because, Well, Abortion


Matthew Clark

May 11, 2020

5 min read

Pro Life



Once again, abortion providers and the radical Left are demanding special treatment, pushing to keep performing abortions during the Coronavirus pandemic, and challenging a commonsense order requiring COVID-19 tests from patients.

In this case, a state issued an order, as the state begins reopening from the pandemic, that before ANY elective surgical procedures could be conducted, the patient must first have a negative COVID-19 test. The ACLU and the abortion industry are suing because they want a special exception so they can commit elective abortions regardless of the health of those involved.

It truly does not get any more absurd and it exposes the real nature of the abortion industry. Killing babies is the only goal, no matter what it costs, no matter who it hurts. And to think they call abortion, “health care.”

The ACLJ has been fighting in court cases across the country, defending states’ efforts to reduce the spread of COVID-19, and conserve medical equipment and personal protective equipment (PPE) for frontline healthcare workers battling the deadly virus. In the last few weeks, we filed TEN EMERGENCY AMICUS BRIEFS to support state orders to cease elective abortions during the pandemic.

We filed one of these emergency amicus briefs with the Eighth Circuit Court of Appeals in support of the Governor of Arkansas’ order banning elective abortions during this national emergency.
A local abortion clinic – backed up by the ACLU – filed a lawsuit against the order, and a federal judge blocked the enforcement of the ban, granting a temporary restraining order.
The Eighth Circuit Court of Appeals agreed with our arguments and upheld the order to cease elective abortions during the pandemic, vacating the temporary restraining order.

But rather than accepting the loss, the abortion machine, backed by the ACLU, has again filed another reckless lawsuit to keep Arkansas abortion clinics open and unfettered by government regulations required of all other healthcare providers, which are intended to protect the health and safety of everyone in the state.

Now as the state begins to re-open, the abortionists are fighting a new requirement that all patients obtain a negative COVID-19 test before any elective surgical procedure can be performed. The abortionists insist on an exception for one particular procedure – elective abortions.

Once again, the abortion industry thinks the law doesn’t apply to it – that it’s above the law.

As reported:

The Arkansas Department of Health issued an order effective Monday updating its prior limit on elective surgeries to require that those seeking them "must have at least one negative COVID-19 NAAT test within 48 hours prior to the beginning of the procedure."

Arkansas Attorney General Leslie Rutledge's office had previously specified that such surgeries included "any type of abortion that is not immediately medically necessary to preserve the life or health of the mother," with Rutledge promising "decisive action" for those found to violate the order.

In other words, Arkansas is taking precautions to make sure businesses, including medical facilities, aren’t adding to the spread of Coronavirus by requiring a negative COVID-19 test within 48 hours. The abortion industry is essentially saying it doesn’t care.  It doesn’t care if it exposes its employees to Coronavirus. It doesn’t care if it exposes its patients. And it clearly doesn’t care if it allows the virus to spread into the community at large. All it cares about is keeping clinic doors open for business and keeping the profits and tax dollars flowing in, no matter who it puts in danger.

The abortion lobby is trying to claim that requiring a negative COVID-19 test violates women’s rights to proper healthcare. Again, elective abortion is not healthcare, and this requirement applies equally to all elective procedures. This is clearly constitutional. But that’s not deterring them, according to a statement by the abortionists’ attorney:

"For women who cannot obtain access to COVID-19 NAAT testing within 48-hours of their procedures, the Directive entirely bars them from exercising their constitutional right to receive pre-viability abortion care in Arkansas.”

This is just more abortion distortion. Abortion providers and the Left have a singular goal of forcing their extreme abortion agenda on our country, and they are not willing to stand aside while the nation battles this health crisis.

Thankfully a federal judge has seen right through the façade and has rejected the ACLU and the abortionists’ lawsuit. The court correctly found that the health requirements were reasonable “given the health crisis facing the world, the country and the state." This is a victory to be sure, but the abortion industry will likely try to appeal this decision.

Doubling down on all of this, the CEO of Planned Parenthood just sent out an email to supporters stating that Planned Parenthood is “doing everything we can to make sure care continues, including adapting and innovating the ways we provide it.” The email makes clear, that “care” is abortion.

It is clear the abortion industry insists on staying in business during this pandemic. But we will not back down, even during this unusual time.  Our legal team will continue to monitor this case and will be prepared to file another critical amicus brief defending life and helping to fight the spread of this dangerous virus if the abortion industry tries to have this court decision overturned.