Territorial-era law that outlaws all abortions except to save the life of the mother cannot be enforced, the Arizona Court of Appeals ruled late Friday.
Howard Fischer Arizona cannot enforce a territorial-era law that outlaws all abortions except to save the life of the mother, the state Court of Appeals ruled late Friday.
But Arizona lawmakers never repealed the old law. In fact, in enacting the 15-week ban earlier this year, the Republican-controlled Legislature specifically said it did not override that law. The legislators inserted that language in case the Supreme Court overturned Roe. The organization is not alone. Even outgoing Republican Gov. Doug Ducey, who signed the 15-week ban, told Capitol Media Services he believes the new statute supersedes what was previously on the books.
Accepting Brnovich's argument would mean the state is criminalizing conduct by doctors under one law that the Legislature has specifically authorized under another, he said. Nor were the appellate judges convinced this could be overcome by the fact prosecutors have discretion whether and how to charge those who violate criminal statutes.
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