Article Author:
Associated Press
Bob Christie
PHOENIX (AP) — An Arizona judge ruled Friday over the state's request to allow prosecutors to ban abortion almost entirely. I am going to hear a plea.
Abortion rights advocates have opposed calls from Republican Attorney General Mark Brnovic to lift an injunction blocking the enforcement of the abortion ban. Unless the mother's life is in danger. The law was first enacted decades before Arizona became a state in 1912, and was blocked in 1973 following the Supreme Court's Roe v. Wade ruling legalizing abortion. .
After the Supreme Court overturned his Roe ruling on June 24, health care providers across Arizona stopped abortions. The ruling said that with the old ban still on the books, it was too risky to go ahead with allowing abortion in 2021 legislation. All rights to unborn children are also in play. A federal judge he blocked most of that law on July 11, but health care providers have not resumed abortion services.
Brnovic said he would formally seek the lifting of his 1973 injunction blocking the outdated abortion ban, two days after his "personality" law was blocked. He said he believed the ban was enforceable shortly after the Supreme Court's ruling. It argues that there are numerous laws restricting and regulating abortion enacted by the United States.If the courts allow the old laws to be enforced, the laws would be meaningless.
They note that just this year Congress passed a law signed by Republican Gov. Doug Ducey, criminalizing abortion after the 15th week of pregnancy. . Ducey argues that the new law he signed into law supersedes any pre-state law.
A Planned Parenthood attorney told a judge in Tucson, where the case began in his 1971, by allowing him to enforce existing restrictions and her 15-week ban against doctors. , seeks to "harmonize" the old and new laws.・Physicians are subject to a total ban.
Otherwise, Planned Parenthood attorneys wrote in court documents: States cannot enforce all laws duly enacted.
Lawyers in the Attorney General's Office say the debate quickly falls apart. It said, "In anticipation that the U.S. Supreme Court may overrule her Roe judgment, the state legislature has reiterated Arizona's law barring abortions from being performed except to save the mother's life." I have protected you.”
They noted that his 15-week ban signed by Ducey explicitly stated that it would not repeal the old law.
Pima County Superior Court Judge Kelly Johnson is scheduled to hear arguments on Brnovic's request to lift the 1973 injunction Friday afternoon.
This lawsuit began in 1971 when her Planned Parenthood affiliate in Tucson, several doctors, and a woman who wanted an abortion sued to overturn the law. The following year, a Pima County judge ruled that fetuses have no constitutionally protected rights, and that laws banning abortion also violated the right of doctors to practice medicine in any way they saw fit. did.
The Arizona Court of Appeals overturned this ruling, dismissing outright the lower court's reasoning that the abortion ban was unconstitutional and said it could be enforced.
53} "Appellants' appeals against the Abortion Act fall within the territory occupied by Congress, and abortion issues should be resolved by Congress," the Court of Appeals' decision said. "We can only repeat that we are not super-legislative."Less than three weeks later, he said, the U.S. Supreme Court decided her Roe case, and the Court of Appeals ruled. overturned previous rulings. The law was then permanently blocked.
At a roundtable meeting with U.S. Secretary of Health and Human Services Xavier Becerra in Phoenix on Thursday, Planned Parenthood Arizona President and CEP Brittany Fonteno said the judges were in their favor. ``What we really want is that clarity, because we have to think about the provider,'' he said. from," Fonteno said.
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