Article author:
Associated Press
Rebecca Boone
Boise, Idaho (AP) — In Arizona, Republicans are fighting for an abortion law 121 years ago. -The Wild West era of the state where Arizona was still a frontier mining territory should come into force in the 2022 edition.
On the other hand, will Idaho have two laws in force since the early 1970s that make it a felony to "intentionally support" abortion or to disclose information on how to induce abortion? It's not clear. A newer, almost complete ban on the state.
The U.S. Supreme Court, which ruled to overturn the Roe v. Wade case, faced decades of legal abortion created by conflicting anti-abortion laws. We have defenders, prosecutors, and residents of the Red State.
Politicians and state government lawyers are trying to sort out which laws and which provisions are in force. And abortion advocates who go to court to protect their right to end pregnancy are aware that they are fighting on multiple fronts.
A lawyer at the office of Lawrence Wasden, Attorney General of Idaho, has passed all abortion laws in the state with a fine-toothed comb, said Scott Graf, a spokesman for Wasden.
"Following last week's decision, part of our subsequent work is to review existing abortion-related laws in Idaho and examine them through post-law legal lenses." Said Graf. "The work has begun and will continue in the coming weeks."
In West Virginia, the American Civil Liberties Union issued an abortion ban in a book in 1882. I have filed a proceeding to challenge. It will be invalid.
"We will not wait while the state is being pulled back in the 1800s," Loree Stark, director of legal affairs at the organization, said in a statement. "Every day of uncertainty about the enforceability of this law is another day when West Virginia citizens are denied important, life-saving medical care."
Justice in Wisconsin Secretary Josh Kaul filed a lawsuit on Tuesday challenging the 173-year-old ban on abortion, claiming that modern generations never agreed. The 1849 law prohibits abortion in all cases except to save the lives of pregnant people. Since the mid-1980s, it is inconsistent with Wisconsin law prohibiting procedures after the fetus has been able to survive outside the womb through medical intervention.
Arizona Republican officials are divided on which abortion law is enforceable. Justice Secretary Mark Benovich announced on Wednesday that a prestate law banning all abortions was in force, but Republican Governor Doug Ducey said the law signed in March was more than a 1901 ban. Also said to be prioritized.
When the Idaho Parliament passed a "trigger law" in 2020 that automatically bans almost all abortions 30 days after the collapse of Law, lawmakers replace the law. By clarifying that, we have taken some steps to avoid conflict. Ban. Parliamentarians put similar words into another ban passed earlier this year, saying that the 2020 law will take precedence.
However, they may have overlooked some provisions of the decree decades ago.
Under the 2020 Trigger Act, abortion seekers cannot be prosecuted for crimes and instead focus their efforts on the abortion proponent. It is clearly defined. It seems to invalidate the 1973 law that makes it a felony for a person to have an abortion, but another part of the old law that makes it a felony to deliberately support an abortion is still enforceable. It is not clear if.
"It's hard to know how much will survive because of all conflicts," said Grant Lobes, a Twin Falls County prosecutor, about 30 abortion laws on books in Idaho. Said.
First, it's up to individual county prosecutors to decide how to proceed, said Loebs, president of the Idaho Prosecutor's Association. From there, the judge understands it.
Ultimately, he expects Aidaho State Parliamentarians to make many tweaks over the next few years.
"I think every state that does this will have the same problem," Robes said.
It all means a lot of juggling for abortion advocates.
Planned Parenthood is suing both of the new Idaho legislation. The Idaho Supreme Court called for hearing the discussions in both cases on the same day in early August, hoping to make a ruling before the Trigger Act came into force.
