Funviralpark PHOENIX (AP) — An Arizona court has ruled that abortion doctors cannot be prosecuted under state laws that criminalize nearly all abortions.
But the Arizona Court of Appeals Friday refused to repeal the 1864 law. Under this law, anyone who assists in an abortion is sentenced to two years to her five years in prison, with no exceptions for rape or incest.
Still, the court said the doctor could not be prosecuted for performing an abortion in the first 15 weeks of pregnancy. This is because other laws passed in the past in Arizona allow abortion. .
“These laws, read together, make clear that physicians are permitted to perform abortions as regulated by other abortion laws,” the Court of Appeals wrote.
Prestate statutes permitting abortion only when the patient’s life is in jeopardy were dictated by the United States Supreme Court in Roe v. Wade in 1973, guaranteeing women the constitutional right to abortion. Enforcement was blocked shortly after.
But after the Supreme Court overturned a landmark decision in June, Attorney General Mark Brnovich asked state judges to allow the law to be enforced.
The Arizona Court of Appeals said it did not view the pretransition law in isolation from the abortion laws of other states, saying, “Congress has created a complex regulatory scheme to achieve its intent to limit selective abortion. However, we will not exclude it.”
Brittany Fonteno, president and chief executive officer of Planned Parenthood Arizona, said in a statement that the decision means that state laws restricting abortions to 15 weeks’ gestation remain in effect.
“Let me be clear that today is a good day,” said Fonteno. “The Arizona Court of Appeals has clarified what Arizona Planned Parenthood has been asking for for months. Abortion remains legal.”
Court of Appeals dismisses Brnovic’s argument, saying the Attorney General’s argument ignores Congress’ intent to regulate but not abolish abortion and violates due process by facilitating arbitrary executions did.
“Brunovic’s interpretation would not only invite arbitrary execution, but would substantially require it,” the Court of Appeals wrote.
The Attorney General’s Office did not immediately respond to a request for comment on the decision announced late Friday afternoon. agreed to a ruling that doctors cannot be prosecuted for performing an abortion at 15 weeks of age, and vowed to “continue to fight for reproductive freedom.” ”
After Roe was overthrown, abortion providers stopped offering procedures in the state and reopened in mid-July after a “personality” law giving legal rights to an unborn baby was blocked by a court, leading to a Tucson trial. It stopped again when the government allowed the Act of 1864. Forced.
Arizona’s largest provider of abortions, Planned Parenthood, has resumed abortion care statewide after Brunovich’s office agreed in a separate lawsuit not to enforce the old law until at least next year.
Phoenix doctors, who run clinics that offer abortions, and the Arizona Medical Association also filed separate lawsuits to try to block the Territorial Era law, and the law enacted by Congress after the Law decision should take precedence. and argued that abortion should be allowed – up to the 15th week of pregnancy.
Brnovich sought to stay the case until the Court of Appeals ruled on the Planned Parenthood case. In an agreement with the Abortion Doctors and Medical Association, he said he would not enforce the old law until at least 45 days after the final judgment in the original case.
A law enacted by parliament this year limits abortions to 15 weeks of pregnancy. That’s well ahead of her 24 weeks, which is generally allowed under the Roe judgment, which was overruled by the U.S. Supreme Court in June.
Several states have issued bans after the Roe decision was overturned and the issue of abortion was left to the states.
Thirteen states—Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, and Wisconsin—decide that abortion is illegal at all stages of pregnancy, with various exceptions. I’m here.
The bans in Arizona, Montana, North Dakota, Ohio, South Carolina, Utah and Wyoming are also not in force, at least for now, as courts will decide whether they can enforce them.
