Smith v. Bentley

The jurisdiction of the district court has been invoked in this case pursuant to the provisions of 28 U.S.C. §§ 1343(3), 2201, 2202, 2281 and 2284. The plaintiffs’ claim for injunctive relief is premised on the substantive provisions of 42 U.S.C. § 1983. The plaintiffs in this action, desiring to provide clinical abortion services upon request, challenge the constitutionality of Ark.Stat.Ann. §§ 41-2551 — 41-2560 (Crim. Code 1976), Arkansas’ criminal abortion statutes. 1 Following the commencement of this suit the defendants were enjoined from enforcing, or attempting to enforce, the…