For Star subscribers: The anti-abortion firm wants the court to reverse a lower court ruling and again make virtually all abortions illegal in Arizona.
Howard Fischer An anti-abortion law firm is asking the Arizona Supreme Court to reverse a lower court ruling and once again make virtually all abortions illegal in Arizona.
The ruling overrode the territorial-era law, precluding its enforcement in Arizona. But state legislators never repealed the old statute. Based on that, Republican Mark Brnovich, the state attorney general at the time, got Pima County Superior Court Judge Kellie Johnson to rule that the old law was once again valid, halting abortions in Arizona.
Having Mayes support the position that abortions are legal in Arizona through 15 weeks leaves Dr. Eric Hazelrigg, whom the court appointed to represent the interests of unborn children, as the sole defender of the argument that the old law is enforceable and virtually all abortions are illegal. He is represented by the Scottsdale-based Alliance Defending Freedom.
"But Arizona law is clear: No one may perform an abortion except to save the mother's life,'' the challengers told the justices in urging them to override the appellate court ruling. They pointed out that the old, unrepealed law makes it illegal for any"person'' to perform an abortion, saying that term is defined broadly as"a human being.''
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