JUST IN: Arizona's 15-week ban on abortions is now state law after a Court of Appeals ruling on Friday.
Previously, there had been two abortion laws on the books. The near-total ban on abortion passed before Arizona became a state has been overruled. The 15-week ban signed in 2022 by Arizona Governor Doug Ducey will now take effect.Arizona's 15-week ban on abortions is now state law after the Court of Appeals in Tucson issued its ruling on Dec. 30.
In the court's opinion, written by Chief Judge Vasquez, "Under this construction, our contemporary statutes permit physicians to perform elective abortions up to fifteen weeks but only in conformity with a host of exacting regulations. Our original law continues to outlaw abortions under all circumstances not permitted by that subsequent legislation. This construction results in a coherent and easily applied statutory scheme.
provision, old or new. It also executes our legislature’s expectation that, to the extent its express instructions do not settle all disputes in construction, we will conduct the obligatory harmonization process in conformity with our settled canons for doing so. By this process, we show our strictest fidelity to legislative intent."https://www.appeals2.az.gov/Decisions/CV20220116Opinion.pdf
In September, Maricopa County Attorney Rachel Mitchell said she will not prosecute women, but did not say anything about providers., FOX 10's John Hook asked Mitchell, "So you would follow the law, whatever it ends up being?" Hook followed up with, "Do you have prosecutorial discretion on whether you would pursue it?"
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