An Arizona court ruled abortion doctors can’t be prosecuted under a pre-statehood law that criminalizes nearly all abortions yet was barred from being enforced for decades
FILE - An unoccupied recovery area, left, and an abortion procedure room are seen at a Planned Parenthood Arizona facility in Tempe, Ariz., on June 30, 2022. On Friday, Dec. 30, 2022, the Arizona Court of Appeals concluded that abortion doctors can't be prosecuted under a pre-statehood law that criminalizes nearly all abortions. The law had been blocked from being enforced shortly after the U.S. Supreme Court issued its 1973 Roe v. Wade decision.
“The statutes, read together, make clear that physicians are permitted to perform abortions as regulated” by other abortion laws, the appeals court wrote. The Arizona Court of Appeals said it wasn’t viewing the pre-statehood law in isolation of other state abortion laws, explaining that “the legislature has created a complex regulatory scheme to achieve its intent to restrict — but not to eliminate — elective abortions.”
A Phoenix physician who runs a clinic that provides abortions and the Arizona Medical Association also had filed a separate lawsuit that sought to block the territorial-era law, arguing that laws enacted by the Legislature after the Roe decision should take precedence and abortions should be allowed until 15 weeks into a pregnancy.
After the Roe decision was overturned and the issue of abortion was left up to the states, bans went into effects in some states.
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