BREAKING NEWS: Arizona judge confirms ultra-strict 1901 anti-abortion law automatically triggered by end of Roe v. Wade WILL stand: Bans all terminations except where woman’s life is at risk
All abortions in Arizona are effectively banned after a judge ruled that a 1901 pre-statehood law banning the practice is now the law in the state.
The ban is triggered thanks to the Supreme Court’s vote to overturn Roe v Wade in June.
Republican Maricopa County Attorney Rachel Mitchell said that she would use discretion in prosecuting victims of rape and incest with regard to the new law.
Mitchell said: ‘I don’t want to revictimize victim,’ according to KPNX’s Brahm the True.
An injunction has long blocked enforcement of a law, on the books since before Arizona became a state, that bans nearly all abortions. The only exemption is if the woman’s life is in jeopardy.
The ruling also means people seeking abortions will have to go to another state to obtain one.
An appeal of the ruling is likely.
The decision from Pima County Superior Court Judge Kellie Johnson came more than a month after she heard arguments on Republican Attorney General Mark Brnovich’s request to lift the injunction.
It had been in place since shortly after the U.S. Supreme Court’s 1973 decision in the Roe v. Wade case, which held that women had a constitutional right to abortion.
The high court overturned Roe on June 24 and said states can regulate abortion as they wish.
What’s allowed in each state has shifted as legislatures and courts have acted. Bans on abortion at any point in pregnancy are in place in 12 Republican-led states.
In another state, Wisconsin, clinics have stopped providing abortions amid litigation over whether an 1849 ban is in effect. Georgia bans abortions once fetal cardiac activity and be detected and Florida and Utah have bans that kick in after 15 and 18 weeks gestation, respectively.
This is developing story. Please check back for updates.
All abortions in Arizona are effectively banned after a judge ruled that a 1901 pre-statehood law banning the practice is now the law in the state