Arizona Supreme Court upholds Civil War-era abortion ban

opinion in May 2022, the GOP majority in the state legislature passed a prohibition on abortion after 15 weeks gestation, with exceptions for permanent injury or life-threatening emergencies. Legal controversies quickly emerged following thedecision over the implementation of the 15-week ban versus an 1864 law entirely banning abortion except in instances of “immediate” life-threatening conditions for the mother.

The high court heard oral arguments in the case against the 1864 law in December from anti-abortion physician Eric Hazelrigg, who runs crisis pregnancy centers in the Phoenix area. Hazelrigg’s attorney, Alliance Defending Freedom counselor Jake Warner, argued that the 2022 law does not need to conflict with the 1864 statute. Read in conjunction, the state’s 15-week ban would prohibit every abortion except to save the mother’s life as mandated by the 1864 statute. After 15 weeks, the caveat in the 2022 law would begin, meaning that the mother must face an “immediate” life-threatening condition to receive an abortion.

Warner argued that not all health conditions constitute an emergency under the 15-week law. For example, Warren argues that an “immediate” need for an abortion would be an emergent early rupture of the gestational sac, but the need for long-term cancer treatment is life-threatening but not legally “immediate.

Several reproductive rights groups, including the American Civil Liberties Union of Arizona, Planned Parenthood Advocates of Arizona, and Reproductive Freedom for All , mustUrbina said that her organization has recruited over 1,600 volunteers to gather voter signatures before the deadline.era, the reality is that protecting abortion access as a fundamental right is enormously important and energizing,” Urbina said.

Source: Law Daily Report (lawdailyreport.net)

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