|
(D)
Curtis J. Neeley Jr. is polymath with a severe traumatic brain injury
who sought to file an amicus curiae as an IFP supporter of
Arkansas Act 301 before the Eighth Circuit Court of Appeals and then
at the Supreme Court and was allowed as warrants being allowed again
though untimely. This amicus filing is consistent with the
prior filings but the urgency of updating the ambiguous portion of Roe
v Wade instead of hoping to overrule the inalienable
core allow this filing to benefit this Appellate Court and
all of humanity due to a wholly unique perspective never before
existing in modern times if ever existing.
(E)
Curtis J. Neeley Jr. authored this brief in its entirety and no other
party paid for any part of this brief or influenced the argument in
any way.
(F)
ARGUMENT
INTRODUCTION
1.
In
recent years, Arkansas engaged in an effective campaign against
abortion after the Fetus develops a heartbeat at around 18-weeks.
Arkansas enacted various laws aimed at preserving Fetal life in the
State as well as preventing haphazard abortion of the gestation of an
embryo in 2019 alone. Most recently AR Act 301 which this very
interested party filed an amicu supporting in the Eighth
Circuit and the Supreme Court.
2. Plaintiffs
in
this case challenged all three recently enacted
abortion restrictions and erroneously assert these ALL
fly directly in the face of Supreme Court precedent. The error was
perhaps due to not studying the text
<
3 >
of Act 493 and
treating
frivolous artificial abortion of a gestating Fetus as if these
untimely killings were instead removal of a parasite, malignant
tumor, or removal of valuable fetal tissue to be donated to improve
health care.
3. Plaintiffs
sought
declaratory and injunctive relief, as was granted
erroneously from all three Acts on behalf of themselves and their
patients under the United States Constitution and 42 U.S.C. §
1983 despite no fundamental human right to privacy being violated by
Act 493. Without this abuse of District Court discretion, Act 493
would be preventing pregnant women from seeking professional killings
of their indwelling Fetuses after 18-weeks. The other laws are
either violations of privacy or are frivolous, violations of Equal
Protection of Laws or are otherwise improper.
The
Restrictions are:
-
Arkansas Act
493 of
2019, to be codified at Ark. Code Ann. §§ 20-16-2003(9) to 2004(b). The
18-weeks limit is honorable and naturally valid requiring vacating
this injunction;
-
Arkansas Act
619 of
2019, to be codified at Ark. Code Ann.§ 20-16-2003. The Reason Ban
was an improper mistake;
-
Arkansas Act
700 of
2019, to be codified at Ark. Code Ann.§ 20-16-605. The "OBGYN
Requirement" as was an improper mistake)
4. Act
493 complies with the Supreme Court's ruling in Roe v. Wade,
410 U.S. 113 (1973) and more than four decades of precedent affirming Roe's
central holding, which Act 493 does not disturb. Act 493
criminalizes killing a living human Fetus after 18-weeks making it
criminal to kill a Fetus after
<
4 >
18-weeks of
pregnancy, as
measured
from the first day of a woman's last menstrual period []"LMP".
5. This legal
elucidation of expanded dignity for humanity was due to
the clear fact of quickening occurring at 18-weeks if
the fetus is viable.
6. Act 619
criminalizes killing an embryo or Fetus, if the provider has
"knowledge" the woman's decision to terminate
pregnancy is based on a test result, prenatal diagnosis, or "any
other reason to believe" the embryo or Fetus has Down syndrome.
Act 619 therefore violates the fundamental right to privacy or the
keystone holding of Roe v. Wade, 410 U.S. 113 (1973) and was
honorably enjoined, as should continue and support Rule 11 sanctions
for the frivolous appeal.
7. Act 493
forbids killing a Fetus only after 18-weeks gestation.
Plaintiffs mistakenly asserted this and the District Court abused
discretion and ruled the constitutionally protected right to
individual privacy in Arkansas prevents quickening and heartbeats of
a viable Fetus after 18-weeks gestation despite being observable by the
concerned Arkansas public or any physician. Reality thereby
waives the inalienable right to privacy.
7. Reality and
science have utterly ended the period of time for a
right to privacy protected by the inviolate portion of the Roe v
Wade elucidation. Individual privacy can only remain the
controlling factor until the general
<
5 >
public
wishes to
protect
the
human dignity of the viable Fetus like honorable humanity did long
ago as was recognized by honorable Act 493 warranting vacating the
hastily done District injunction
8. The Supreme
Court
in Roe v Wade (1973) attempted to mark the
earliest time a Fetus could survive on its own as this then became
the legal dogma viability like used for decades
before science discovered why quickening and heartbeats exist after
18-weeks gestation publicly revealing actual viability for a human
Fetus and precedes the Supreme Court dogmatic viability
by over 14-weeks though Act 493 protected the dignity recognition for
the human Fetus for less than half this time in the interest of human
autonomy, privacy or free-will.
9. This
development
of medical science and human progress demands
humanity respect a viable human Fetus due to natural law and the
Ninth Amendment, which also allows killing a human Fetus regardless
of how viable until the 18th week of gestation in order to
honorably protect human free-will or individual autonomy for a time
without allowing indiscriminate or inhumane killing of a human Fetus.
10. Forbidding
highly qualified, trained practitioners from killing an
embryo or Fetus in Arkansas simply because they are not
board-certified or
< 6 >
board-eligible in
obstetrics/gynecology
("OBGYN");
the OBGYN Requirement provides no benefits for the female or
indwelling Fetus but substantially burdens the fundamental right to
privacy allowed by honorable Act 493 for a time. Act 700 also
violates the right to equal protection of laws, as enumerated by the
Fourteenth Amendment to the U.S. Constitution, and treats providers
of and patients seeking embryo or Fetus killings differently than it
treats providers and patients of other comparable procedures. The
OBGYN Requirement, is therefore admittedly unconstitutional and this
is obvious revealing the dishonor of the Act 700 appeal warranting
Rule 11 sanctions.
11. All three
Restrictions threaten Plaintiffs with stiff criminal
penalties. Only Act 493, however, should have been enacted and only
Act 493 has support of the same super-majority who supported Act 301
and may abhor all Fetal killings but acknowledge human free will and
the same autonomy elucidated in Roe v Wade allows
Fetal killings till 18-weeks gestation despite 99.6% actual Fetal
viability at 17-weeks.
12.
Honorable Act 493 makes it illegal to kill a Fetus at or after
18-weeks LMP but the other two State Acts (619,700)
show the results of only a simple Arkansas majority desiring to make
ALL Fetal killings illegal by making Fetal killing so onerous an act
of killing these killings are almost
<
7 >
never done and
begin to
be
considered executions of innocent humans (murders) rather than health
care the Plaintiffs call them.
13. Curtis J.
Neeley
Jr. urges declaratory relief affirming the
injunctions preventing enforcement of Acts (619,700) and a
declaration to vacate the remaining injunction in this case and allow
Act 493 to be enforced and begin protecting human Fetuses by law in
Arkansas after 18-weeks gestation LMP rather than continue to allow
indiscriminate killing of human Fetuses as continually justify
homicide to protect the Fetus (in the eyes of many) and motivate
billions of dollars challenging Roe v Wade rather than seeking
an update reflecting the advancement of humanity since 1973. Act 493
will affirm the inalienable right to kill an embryo or young Fetus
when the hastilly done injunction is vacated.
PLAINTIFFS
17.
Plaintiff LRFP is a professional limited liability corpoation
licensed to do business in Arkansas. It has provided aide in killing
embryos and live Fetuses in Arkansas since 1973. LRFP offers
miscarriage care and basic gynecological care, as well as killing
embryos and collectible Fetuses. LRFP operates a clinic in Little
Rock providing both chemical and mechanical killing of embryos and
human Fetuses. Chemical killing of embryos is offered up to 10-weeks
LMP and mechanical killing of human Fetuses is offered until
twenty-one 21-weeks and six days LMP, a point in pregnancy
<
8 >
at which
a Fetus is generally viable though not yet developed enough to live
outside the uterus. LRFP brought this action on behalf of its
patients, and the physicians and staff it employs to safely kill
embryos and Fetuses like collectible parasites including far beyond
the 18-weeks where existential human privacy allows this often
regreted but still legal human killing to occur after the injunction
against honorable Act 493 is vacated.
15.
Plaintiff PPAEO is an Oklahoma not-for-profit corporation licensed
to do business in Arkansas. The services provided by PPAEO at its two
Arkansas health centers include provision of birth control and
emergency contraception by operating two of the three embryo and
Fetus killing centers in Arkansas located in Little Rock and
Fayetteville. PPAEO provides chemical killing of embryos in Arkansas
up to 10-weeks LMP as is not impeded by Act 493 whatsoever. PPAEO or
predecessor organizations have killed embryos and Fetuses in Arkansas
for more than thirty years, and have offered chemicals killings since
2008. PPAEO brings this action on behalf of itself, its patients, and
the physicians and staff it employs to kill embryos (an inalienable
human right) and Fetuses 3-weeks and 6 days longer than legal after
the hurried injunction is vacated and Act 493 begins being enforced.
<
9 >
16. Plaintiff1 kills embryos up to
10-weeks
LMP.
Plaintiff1 is not board-eligible
or board-certified in OBGYN. Plaintiff1 sued for his/herself and
his/her patients, whose rights are admittedly maligned by Act 619 and
Act 700 which were passed attempting to forbid the human, existential
free-will or personal privacy Act 493 recognizes as controlling for
the first 18-weeks of gestation.
17.
Plaintiff2 has provided medical care in Arkansas for more than four
decades and killed both embryos and Fetuses for more than three
decades and currently provides chemical embryo killing for 10-weeks
LMP and kills moving, human Fetuses with beating heartbeats who
experience pain up to 21.6-weeks LMP or 3-weeks and 6-days longer
than allowed by Act 493 if enforced. Plaintiff2 sues on his/her own
behalf and on behalf of patients who's rights are admittedly
infringed by Act 619 and Act 700 but are not troubled in the least by
Act 493.
DEFENDANTS
18. Defendant
Leslie
Rutledge is the Attorney General of Arkansas
responsible for bringing an action for injunctive relief against any
criminal who purposely, knowingly, or recklessly violates Act 493, to
prevent the killing or attempting to kill more live, moving, human
Fetuses with four-
chamber
heartbeats
in
violation of
Act 493 (Ark.
Code§ 20-16-2006(e)(l)-(2)). She and her agents and successors
were sued in their official capacities.
19. Defendants
Larry
Jegley and Matt Durrett are the Prosecuting
Attorneys for Pulaski and Washington Counties, respectively and shall
commence and prosecute all criminal actions in which the state or any
county in his district may be concerned per Ark. Code§ 16-21-103
(2019). Defendants Jegley and Durrett are therefore still responsible
for criminal enforcement of Act 493 in Pulaski and Washington
Counties after the injunction against Act 493 is vacated although Act
619 and Act 700 were properly enjoined. Plaintiff LRFP's health
center is located in Pulaski County and Plaintiff PPAEO's health
centers are located in Pulaski and Washington Counties. Defendants
Jegley and Durrett are also responsible for bringing a cause of
action for injunctive relief against Fetus killers who purposely,
knowingly, or recklessly violate Act 493 so as to prevent them from
causing Fetal deaths in violation of Act 493 after the hastily done
injunction is vacated. See Act 493 (Ark. Code§
20-16-2006(e)(l)-(2)). Defendants Jegley and Durrett and their agents
and successors were sued in their official capacities because of a
desire to continue collecting and distributing donated killed human
Fetuses having four-chamber heartbeats
<
11 >
despite experiencing pain for
3-weeks and 6-days longer than allowed after the hasty injunction is
vacated now by the Eighth Circuit Court of Appeals.
20. Defendant
Sylvia
D. Simon, M.D. is Chair of the Arkansas State
Medical Board. Defendants Robert Breving Jr., M.D., D. Hodges, 0.0.,
John H. Scribner, M.D., Omar T. Atiq, M.D., Rhys L. Branman, M.D.,
Rodney Griffin, M.D., Mrs. Marie Holder, Brian T. Hyatt, M.D., Mr.
Larry D. "Buddy" Lovell, Timothy C. Paden, M.D., Don R.
Phillips, M.D., William L. Rutledge, M.D., and David L. Staggs, M.D.
were members of the Arkansas State Medical Board. The State Medical
Board is responsible for licensing medical professionals under
Arkansas law and they and their successors in office were sued in
their official capacity.
21. Defendant
Nathanial Smith, M.D., M.P.H., is the Director and State
Health Officer of the Arkansas Department of Health, the agency
charged with enforcing the Fetus protecting 18-weeks limit on Fetus
killing which is an honorable update of Roe v Wade. Defendant
Smith is sued in his official capacity.
OF
ENJOINED ACTS 493, 619, AND 700 THIS
APELLATE
COURT SHOULD
SUMMARILY VACATE ONE
OF
THESE (ACT 493) AND AFFIRM THE OTHER TWO
(ACT
619, ACT 700)
Because Act 493 (the 18-week
Time Limit to Fetus Killing) Acknowledges the Human Dignity of
Moving, Human Fetuses with a Heartbeat and Able to Experience Pain.
The other two Acts 619 and Act 700 violate human privacy and
equal
protection of laws
<
12 >
22.
The 18-weeks limit to the killing of a Fetus criminalizes killing a
Fetus after 18-weeks LMP (i.e., beginning at 18-weeks and 1day LMP)
in almost all cases. Specifically, Act 493 prohibits a person from
"intentionally or knowingly" performing, inducing, or
attempting to [kill a Fetus] if the "probable gestational age"
is determined "to be greater than eighteen 18-weeks," as
measured "from the first day of the last menstrual period of the
pregnant woman." Id. § 20-16-2004(b); id. §
20-16-2003(9).
23. There are
exception for rapes and if the Fetus is not viable and/or
will cause harm to the mother. The exception for rape includes rape
by family members, See Arkansas code, id. § 20-l 6-2004(b). The
rape and incest crimes are horrific crimes but do not diminish the
dignity of the resulting human Fetus. Fetal dignity is then offset in
the interest of individual female human dignity. The core idea of
improperly enjoined Act 493 and enjoined Act 301 were to acknowledge
the sanctity of Fetal humans. Since U.S. Courts and humanity ruled
12-weeks is not enough time to privately choose to kill an embryo or
Fetus despite being viable shortly after a heartbeat
-------------------
develops at or
before 12-weeks. On information
and belief, a Fetus is viable (86.5% at 6wks; 91.3% at 7wks; 94.8% at
8wks; 96.5% at 9wks; 9.5 % at 10wks; 97.9% at 11wks; 98.3% at 12wks;
98.3% at 13wks; 99% at 14wks; 99.2% at 15wks; 99.5% @ 16weeks; 99.6%
at 17wks; 99.7% at 18wks) the term viable is invalid as
used by the Plaintiffs scores of times in their filings and by the
Supreme Court in Roe v Wade in 1973, though unknown at the
time. Regardless; Fetal human dignity is recognized by a
super-majority of Arkansas voters. (who supported Act 301 and now Act
493) Ironically; A super-majority of OBGYN professionals (unnecessary
for safely killing an embryo or early Fetus as improperly required
by Act 700) agree the Fetus is statistically viable without any
question whatsoever after the 18-weeks individual privacy is allowed
to offset the dignity of Fetal gestation in Act 493.
24. The
18-weeks
season for killing a live Fetus (honorable Act 493)
also imposes new reporting mandates to ensure compliance. Act 493
requires physicians who kill a Fetus where the gestational age is
greater than 18-weeks to file a report with the Department of Health
within fifteen (15) days of the Fetal death detailing (among other
things) the date on which the Fetus was killed; the killing method;
the "probable gestational age" of the Fetus and the method
used to calculate gestational age; a statement declaring the
-------------------------
<
14 >
killing
was necessitated by a medical emergency and the specific medical
indications supporting killing due to a medical emergency; and the
probable health consequences of the Fetal death and specific cause of
death. See id § 20-16-2004(c)(l )- (2).
25. These
reporting
requirements are enforceable 10-days after either
the effective date of honorable Act 493 or the date the reporting
forms the Department of Health must create within 30 days of
honorable Act 493's effective date are available, whichever occurs
later. See id § 20-16-2005(a)-(b).
26. A violation of the
18-weeks limit to killing in honorable Act 493 is a Class D felony,
which is punishable by up to six years in prison and a fine of up to
$10,000. See id § 20-16-2006(a)(l); Ark. Code §§ 5-4-
201, -401. A woman [fathers to be added] upon whom a Fetal killing
has been done, induced, or attempted in violation of honorable Act
493 may also bring a civil action for violation of the 18-weeks
killing time limit making the killing financially ruinous. See id. §
20-16-2006(d).
27.
Any physician
who violates honorable Act 493 is subject to mandatory license
suspension or revocation by the Arkansas State Medical Board, see id
§ 20-16-2006(b), and may be sued by a prosecuting attorney with
appropriate jurisdiction or the Attorney General to enjoin the
physician
from performing
or
attempting
to perform
any further Fetal
killings violating the 18-weeks limit to Fetus killing. See id §
20-16-2006(e)(l)-(2). Initial convictions should be served without
any chance for parole or this law will still be ignored till updated
next year due to allowing untimely Fetal killings by retiring doctors
for $10,000.
The Reason Ban (Act 619)
28. The
Reason Ban (Act 619) makes it a crime for a physician to kill or
attempt to kill an embryo or Fetus if the clinician has "knowledge"
that a pregnant woman is seeking an abortion "solely on the
basis" of: (1) a test "indicating" Down syndrome; (2)
a prenatal diagnosis of Down syndrome; or (3) "[a]ny other
reason to believe" the fetus has Down syndrome regardless of
gestational time passage as unconstitutionally violates inalienable
privacy. Ark. Act 619, § 20-16-2003 (2019)
29. In
addition, Act
619 mandates that, before providing abortion care,
the physician who is killing the embryo or Fetus ask the pregnant
woman (despite her right to privacy) if she is aware of any test
results, prenatal diagnosis, or any other evidence that the fetus
may have Down syndrome in violation of the fundamental right to
privacy. See id. § 20-16-2003(b)(l). The Arkansas Act 619 FIAT
is unconstitutional on its face and must remain
-----------------------------
<
16 >
permanently enjoined.
This is also a clear dishonorable violation of the privacy recognized
by the honorable, inalienable rational for the Roe v Wade ruling
and not the now dishonorable viability
dogma like honorable Arkansas Act493 replaces by updating the once
entirely honorable Roe v Wade
ruling.
30. The
Arkansas Act
619 FIAT is therefore unconstitutional on its face
and must remain permanently enjoined and this dishonorable portion of
the appeal warrants Rule 11 sanctions due to this portion of the
Appeal being wholly frivolous.
The
OBGYN Requirement (Act 700)
31. The OBGYN
Requirement (Act 700) makes it a crime for a person to
kill a embryo or Fetus, if that person is not board-certified or
board-eligible in OBGYN. See Ark. Code§ 20- 16-605(a), Curtis J.
Neeley Jr. herein advises of a vast majority of Arkansans believing
this FIAT is a dishonorable attempt to forbid Fetus killing as is
permitted as an inalienable human right for 18-weeks by Act 493.
32. Under not
quite
honorable Arkansas law, only a "physician
licensed to practice medicine" can kill an embryo or early
Fetus. Ark. Code§ 5-61-l0l(a) (2019). This law should be
adjusted as done in other more honorable States to protect health
instead of to protect an ideology despite attempting to look as if
these are protecting health.
<
17 >
33.
Oops; The different treatment of African, Asian, or atheist pregnant
women or any other pregnant woman in similar medical circumstances
without a valid honorable concern of the State violates the 14th
Amendment just as Jimm Crowe laws once did and still would if allowed
this long after slavery ended. Humanity has progressed beyond waiting
for birth or viability to recognize the dignity a live human Fetus
warrants naturally after 18-weeks gestation but Act 700 protects only
an ideological position.
34. Yes;
Arkansas
still improperly tries to stop all elective abortions
and has used targeted regulation of abortion providers
(TRAPs) to keep Planned Parenthood, et. al. out of the State almost
purely by disdain and stigma. It is not safe for either Plaintiff1 or
Plaintiff2 now in Arkansas. Dressing FIATs like Acts (617, 700) up as
if these were honorable laws protecting women and calling these
common-sense laws should not somehow avoid the sanctions warranted
due to forcing Plaintiffs to challenging two clearly dishonorable
acts (Act 617, Act 700), which challenge the existential, inalienable
right to privately choose for a time of 18-weeks when honorable Act
493 recognized the dignity of the human Fetus like the rest of
humanity did long ago.
FACTUAL
ALLEGATIONS
Abortion Practice and Safety
35. Legal
abortion
of gestation before 18-weeks pass is one of the
safest medical procedures in the United States, and is far safer than
continuing a
<
18 >
pregnancy
through
to
childbirth.
Abortion of gestation
before 18-weeks causes less harm to the host female than
colonoscopies, plastic surgery, and adult tonsillectomies. Abortion
of gestation is safe and effective (complications are very rare)
regardless of the method used to kill an embryo or Fetus or the wholly
private rational for these killings.
36. Most
(99+%) electing abortion of gestation have no serious complications.
The risk of a woman experiencing complications requiring
hospitalization is even lower, approximately 1/333. Like the risk of
mortality, the risk of a serious complication increases as a woman's
pregnancy advances and helped Arkansas recognize the dignity of Fetal
life asserted with Act 493 at 18-weeks with 99.7% complete
certainty/viable.
37. Legal
abortion
of gestation before 18-weeks is admittedly extremely
safe but is becoming more rare; the complaint alleged
approximately one in four women in this country will have killed an
embryo or Fetus by age forty-five. This number is wildly invented
propaganda wholly unrelated to fact. Allegations of the Earth being
flat sounds hardly as absurd as this wild claim today and yet the
steady decrease in the number of elective killings of gestating
Fetuses will continue demonstrating both better sex education and
general realization of a moving Fetus being a viable live human
instead of a clump of cells without viability
like a blastocyst, or embryo.
<
19 >
38.
These FACTS seem obvious to most all young women although the less
sentient elderly human population is growing as a percentage and is
trying now to protect the elective killing of a human
Fetus till 24-weeks and thereby alleging #youtoo and hoping to spread
this propaganda via Courts using a newly invented liberty or equality
rational like elderly Ruth Bader Ginsburg always preferred but which
should never exist.
39.
Women seek
abortion for a multitude of complicated, personal reasons. The
absolute right to privately decide for 18-weeks, acknowledged in Act
493, make any rationale whatsoever for elective killing be irrelevant
because human dignity must first protect the free-will to privately
choose for the pregnant woman for 18-weeks.
40. Some women
kill
an embryo or Fetus because they wish to avoid
stretch marks or headaches. The absolute right to privately decide
for 18-weeks makes any rationale whatsoever wholly irrelevant.
41. A majority
of
women alleging to have killed an embryo or Fetus in
the United States have at least one child. Among the 2017 killings of
an embryo or Fetus in Arkansas, approximately 65% of these killers
had previous live births. These women may be struggling to accept the
end of their childbearing years and provide for their teen or adult
children. These women may be concerned about gaining weight.
Regardless; The absolute right to
<
20 >
privately decide
about
reproduction
for 18-weeks is allowed by honorable Act 493 and makes any rationale
whatsoever wholly irrelevant.
43. Indeed, the
immorality of killing a moving Fetus with a heartbeat
after 18-weeks gestation is the common global realization Act 493
affirms in Arkansas as will soon follow in Fetus killing New York,
California, and yes; the entire United States.
44. Yes; Some
women
seek to kill an embryo or Fetus because continuing
with the pregnancy could pose a risk to their health. Nevertheless;
It is well within the fundamental human right to kill an embryo or
early Fetus for any reason chosen or no reason at all. Act 619 is
therefore admittedly an unconstitutional mistake disguised as
fighting discrimination despite complete irrelevance.
45. In States
across
the country, such as Colorado, Illinois, and
Montana, a variety of medical providers (like midwives, nurse
practitioners, and physician assistants) legally provide both
chemical and mechanical killings of an embryo or Fetus rendering Act
617 and Act 700 both unconstitutional mistakes clearly violating
inalienable Supreme Court rulings warranting Rule 11 sanctions.
Killing
an Embryo or Fetus in Arkansas
46. The vast
majority of women who seek to kill an embryo in Arkansas,
like in the nation as a whole, do so in the first 12-weeks of
pregnancy while
<
21 >
the
fundamental human privacy right allows this
choice and as was first honorably protected absolutely in Roe v
Wade. (ironically 6-weeks less than honorable Act 493 of 18-weeks
LMP)
47. Chemical killings of an embryo are provided in the first
12-weeks typically through approximately 10-weeks LMP by ingestion of
two types of chemicals at least one day apart to induce an early
miscarriage. Chemicals used to kill an embryo require no anesthesia
or sedation; the female simply takes the pills. Abortionists
regularly provide chemicals to kill embryos up to 10-weeks LMP
despite 9-weeks being beyond the risk of a miscarriage according to
accepted medical research.
49. Chemically
killing an embryo is extremely safe with risks for the pregnant woman
similar in magnitude to the risks of taking commonly prescribed and
common over-the-counter medications like antibiotics and ibuprofen.
Therefore; a medical professional is almost never necessary despite
improper Act 700.
50. Mechanical
killings of an embryo or Fetus, which are provided till
21-weeks 6-days by Plaintiffs, are performed by opening the cervix
and using suction and/or instruments to kill the live embryo or Fetus
by sucking them out with the contents of the uterus. Despite being
characterized as mechanical, these killings do not involve cutting
into thle woman and in
<
22 >
many cases can be
performed
with local
anesthesia and instead of doing no harm these
procedures are wholly designed to kill.
51. Mechanical
killing of an embryo or Fetus is only available in
Arkansas at LRFP up to 21-weeks and 6-days LMP currently by
Plaintiffs, which is more than 12-weeks after a Fetus is more than 99
% viable and 3-weeks and 6-days longer than will be legal after the
injunction against honorable Act 493 is vacated by the Eighth Circuit
though currently enjoined hastily perhaps because of immoral Acts 619
and 700 affecting this hasty injunction.
52. Mechanical
killing of an embryo or Fetus despite viability like
chemical killings of an embryo are extremely safe. The mortality
rates are lower than those of colonoscopies, adult tonsillectomies,
and childbirth. As with chemical killings of an embryo, complications
are extremely rare and may be handled safely and effectively by any
clinician with adequate training, either on an outpatient basis or
(where necessary) via a referral making the immorality of Act 700
clear.
53. Although
most
killing of an embryo in Arkansas occurs during the
first 12-weeks, women also seek killing of a Fetus in the second
trimester after 18-weeks LMP when illegal to kill a Fetus per Act 493
for a number of reasons. For example, some women with irregular
menstrual cycles and
<
23 >
large stomachs may
not
realize
they are
pregnant
for 18-weeks or months. In 2018, approximately 170 of LRFP's patients
killed a Fetus after 18-weeks LMP. These will no longer usually be
allowed because honorable Act 493 recognizes the dignity of the
moving human Fetus with a heartbeat after 18-weeks, as precedes
viability outside the womb at this time.
Acknowledging the dignity of the moving human Fetus with a heartbeat
is not recognizing any right to life for the Fetus but is recognizing
the general human ability to recognize human dignity like has been
recognized around the globe for several thousand years though often
referred to as quickening .
54. Honorable
Act
493 will or should encourage women or older girls with
irregular menstrual cycles or with large stomachs who choose to be
sexually active to check for pregnancy after insemination regularly
after the hurried injunction against honorable Act 493 is vacated and
gestation detection becomes free and reliable.
55. In the case
of
taking chemicals to kill an embryo and certain
mechanical shredding of Fetuses, the patient will have to make a
third visit to the clinic for procedural care. These TRAP laws
currently pass as protecting a valid State interest. Killing a Fetus
or embryo, after all, should not be an easier procedure than buying
an AR-15 or other lethal firearm.
<
24 >
56.
Before killing an embryo or Fetus, Doctors provide non-directive
patient counseling, which means they listen to, support, and inform
the patient, without directing the course of action. This process is
honorably designed to ensure patients are well-informed with respect
to all their options, including terminating the pregnancy, carrying
the pregnancy to term and parenting, and carrying the pregnancy to
term and placing the baby for adoption. In addition, the process in
Arkansas is designed to span several days to ensure the choice to
kill is not made while angry or upset only to later be regretted
severely and lead to extreme malaise increasing the incidence of
suicide greatly in fact based on studies on medical records instead
of propaganda.
57. Although
some of
patients disclose information about their reasons
for seeking to kill an embryo or Fetus during these non-directive
discussions, their reasons for seeking to killing an embryo or Fetus
may remain private as is consistent with best medical practices and
as honorable Act 493 protects.
Arkansas
Already Regulates Fetus and Embryo Killing
58. Curtis J.
Neeley
Jr and most other humans believe is is ridiculous
to call elective abortion of gestation a caring act and this amicus
will not address the two admittedly mistaken Acts (619,700) further.
For example; the following allegations are factual and should be
obvious to those with enough intellect to realize 2 plus 2 is 4 and
with access to a duckduckgo.com search.
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25 >
a. A medium is the physical substance a
signal
passes through and
discovering
some mysterious unique and wholly new substance for
communication has NEVER
occurred making Reno v ACLU absurd and
was creation of the pornernet or a
factually wrong
reinstatement of the indulgences protested in
t95 Thesis in
1517 by Martin Luther. Reno
v ACLU has therefore always been a VOID mistake
allowing harmful,
criminal broadcasts of pornography to intrude into homes as a
hazardous nuisance.
b.
Giving
wide randomly scattered access to a substance like seeds, water,
fertilizer, audio or radio waves is commonly described in English as
broadcasting. It
is illegal per 18 § 1464 to broadcast
pornography by radio. Everything broadcast in
the wire medium is
also broadcast intrusively by radio such that most GOOG,
MSFT, etc.
use of the pornernet has been an obvious organized
crime since 1997
despite the VOID Reno v ACLU mistake
allegedly now protecting illegal, free,
radio broadcasts of
pornography in Dunkin coffee shops like was recently stopped
by
Starbucks via use of a regulated DNS as should [b]e demanded by the FCC.
c.
The word copyright was used first by Sir William Blackstone in "Rights of
Things" in 1766 on page 406 but was
never included in any dictionary until 1806
by Noah Webster. Mr
Webster used copy[rite] in the 1790 copy[rite] Act, an
Americanized
plagiarism of the 1710 Statute of Anne (British ritual for organized
royal censorship copied almost verbatim) to help creation of American
English and
create his authoritative dictionary altering American
spellings without challenges
by imported authoritative dictionaries
from Britain being reprinted like the 1755
Johnson's Dictionary of
the English Language used to write the Constitution
including the
copy[rite] clause though not using Mr. Webster's Americanism of
copy[rite] instead of the British word copyright. British copy right
already involved
the human right to protect dignity or the right to
control republication of regretted
prior publications. This
existential right is not yet protected in the U.S. though
promoted in
Britain by Founding father Benjamin Franklin to protect Jane
Hogarth's moral right to stop publication of her
dead husband's
political cartoon drawings, which were the first on Earth.
d. A viable action is a
thing
continuing in a
process in common English able to
exist, perform as intended, or
succeed per the Cambridge dictionary of English. See
dictionary.cambridge.org/us/dictionary/english/viable
59. In recent
years,
Arkansas(and most of America) largely decided Roe
v Wde was once honorable but is no longer implemented in an
honorable or moral manner and allows untimely Fetus killings. These
untimely Fetus killings warrant justifiable homicide for all
recognizing fetal human dignity and like has occurred in various
States because wildly untimely and immoral killings of the live Fetus
have begun in New York and elsewhere and will continue. Peaceful yet
untimely killings of the Fetus are impossible violations of human
dignity just as slavery and discrimination are. Honorable Act 493
would allow these to continue peacefully in the interests elucidated[.]
60. Act 493
punishes
those killing a Fetus after 18-weeks LMP or 3-weeks
and 6-days before the period of time Plaintiffs in this action wish
to kill a Fetus currently.
61. Act 493's
18-weeks limit bans Fetus killing after 18-weeks LMP,
except those that fall within the stringent exceptions. Act 493 will
therefore
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prohibit Fetus
killing
after
18-weeks LMP by recognizing
the dignity of the human at 18-weeks gestation like most of Earth's
population already does.
62. Vacating
the
improper, overzealous injunction will force doctors to
turn away patients wishing to kill a Fetus after 18-weeks LMP as
intended by honorable Act 493. This is an allowed government interest
an will encourage sexual equality and quickly result in free
pregnancy testing.
The Reason Ban (Act 619)
is Admittedly Dishonorable
and Violates the Right to Privacy.
The OBGYN Requirement (Act 700) is Unconstitutional and
Burdens a Select Subsets of Women While
Providing No Benefits
63. Arkansas
does
not impose a limit like the OBGYN Requirement on any
other comparable medical procedure. It does not require these
requirements for outpatient procedures of comparable or greater
medical risk, such as colonoscopies or tonsillectomies. Arkansas law
contains no requirement of a particular specialty,
board-certification, or board-eligibility for physicians offering
pregnancy or birthing care at a birthing center, even though carrying
to term, labor, and delivery pose significantly greater risk to women
than abortion.
64. Arkansas
law
lacks any such qualification requirements for
providers of miscarriage management , even though that care is near
identical to killing a Fetus from a technical perspective. In short,
Act 700 subjects embryo and early Fetal killers and women receiving
this service to unequal treatment without adequate justification and
is like requiring only black women to ride in the back of a bus.
There is no medical justification for the
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OBGYN requirement. Arkansas
apparently wants to require pregnant black women to ride at
the back of the buses in Arkansas because more black
pregnancies in New York end in Fetal or embryo deaths than end in
live birth. This will be true of all humanity soon enough after
reproductive privacy is recognized as inviolate for 18-weeks by
Arkansas Act 493 as will update Roe v Wade
and be almost unanimous.
REQUESTS
FOR RELIEF (prayers)
I. Curtis J. Neeley Jr, asks
this court to declare: Prohibiting Fetus killing prior to viability
outside the womb, though clearly
99.5+% viable, leaves room for an honorable update to Roe v Wade;
The 18-weeks time-limit of Act 493 does not violate the right to
absolute privacy, for a time, guaranteed by the Fourteenth Amendment
to the United States Constitution. It has always been impossible to
claim an imaginary right to privacy while carrying a Fetus at
18-weeks with Fetal movement and heartbeats announcing a new human
life warranting public dignity. Recognition of this fact is demanded
continually by a super-majority of Arkansas citizens and a majority
of humanity for thousands of years per natural law, as Act 493 does,
with expandable dignity-based exceptions best left to a jury of
peers.
II. The
millions of people with beliefs similar to Curtis J. Neeley
Jr. of Arkansas wish for Act 619 and Act 700 to be permanently
enjoined and herein apologize for troubling this Court and the
Plaintiffs with frivolous appeals.
III. On
the OBGYN Requirement (Act 700), millions of people with beliefs
similar to Curtis J. Neeley Jr. of Arkansas wish Act 700 to be
permanently enjoined and herein apologize for troubling this Court
and the Plaintiffs with this mistake and says there is no need to
address the vagueness of admittedly unconstitutional Acts 619 or 700.
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29 >
REQUESTS
FOR RELIEF AND SEEKING
AN UPDATE TO ROE
v WADE
WHEREFORE,
Curtis J. Neeley Jr. has a wholly unique human mind though hundreds
of millions of humans have beliefs similar to Curtis J. Neeley Jr. of
Arkansas and would also ask this Court:
A. To affirm
the permanent injunctive relief restraining Defendants,
their employees, agents, and successors in office from enforcing Act
619 and Act 700;
B. To declare
Act 619 and Act 700 violate the Due Process Clause of the
Fourteenth Amendment to the U.S. Constitution as well as the Equal
Protection Clause of the Fourteenth Amendment to the U.S.
Constitution;
C. To declare Act 619 invalid for
unconstitutionally violating privacy;
D. To vacate the
injunction against Act 493 due to the respect for human dignity
naturally warranted the human Fetus being recognized by Arkansas'
citizens along with most of humanity recognizing long, long ago. The Roe
v Wade affirmation of privacy can never be overthrown but
18-weeks will honorably update a limit for the period of time allowed
for the right to privately decide to kill an embryo or Fetus from
controlling from the dishonorable time of viability
outside the womb to the time of 18-weeks gestation when
honorable Act 493 protects the viable, mobile, Fetus with a four
chamber heartbeat like has long been protected in Europe, by
Christian beliefs, and by Hebrew laws, though called
quickening.
E. To remand
this case to the District and direct the District Court to
award Plaintiffs a portion of their attorneys' fees and costs
pursuant to 42 U.S.C. § 1988; and levy Rule 11 sanctions for
defending dishonorable Act 619 and Act 700 despite violating clear
U.S. laws establishing the
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inalienable,
existential right to
privately decide about reproduction affirmed in Roe v Wade
over fifty years ago and still existing inviolate with Act 493 until
18-weeks LMP have passed instead of the prior imaginary time of
viability when the Fetus became viable outside the
womb;
F. To direct such other and further
relief as
the Court finds just and proper.
G. To
allow this pro se IFP filing and
excuse the
legal mistakes filling this concise document hoped to not obscure the
elucidation of a perspective other litigants are likely to continue
overlook until 2026. Act 493 will be the only type legal ruling the
courts will be able to honorably allow then.
Dated:
November 8, 2019
Respectfully
submitted,
/s/
Curtis J. Neeley Jr.
380 W.
13th
Street
Newark, AR 72562l
4792634795
Certificate
of Compliance with Rule 32(a)
And Certificate of Service
1) This brief
complies with the type-volume limitation of Fed. R. App. P.
32(a)(7)(B) because: this amicus
brief contains 6,856 words, including the parts of the brief exempted
by Fed. R. App. P. 32(a)(7)(B)(iii).
2) This
brief complies with the typeface requirements of Fed. R. App.
P.32(a)(5) and the type style requirements of Fed. R. App. P.32(a)(6)
because this brief is in a proportionally spaced typeface using Open
Office 4 and 14 point type in Times New Roman typeface with Arial
typeface for the titles and is 6,856 words.
3.
This Brief and
the Motion for Leave to File and the Supporting Brief will be scanned
and be made available to all parties electronically and will be
publicly available at endingelectiveabortion.com as well.
Respectfully
and humbly submitted,
/s/
Curtis J Neeley Jr
Curtis
J Neeley Jr.
380
W, 13th
Street
Newark,
AR 72562
14792634795
t-sms
15014217083 f
curtis(at)curtisneeley.com
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