Posted on Jun 30, 2022
Arizona's attorney general says a pre-1901 abortion ban is enforceable
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https://www.npr.org/2022/06/30/ [login to see] /arizonas-attorney-general-says-pre-1901-abortion-ban-is-enforceable
Arizona's Republican attorney general announced Wednesday that a pre-statehood law that bans all abortions is enforceable and that he will soon file for the removal of an injunction that has blocked it for nearly 50 years.
Attorney General Mark Brnovich's office said after the U.S. Supreme Court overturned its 1973 decision that said abortion was a constitutional right that he was weighing whether the old law could be be enforced.
His decision puts him at odds with Republican Gov. Doug Ducey. The governor had said after he signed a new law banning abortions after 15 weeks in March that it took precedence over the law in place since at least 1901, 11 years before Arizona statehood.
But abortion opponents who wrote the new law and the Republican state senator who sponsored it, Nancy Barto, argued that the old law could be enforced. They pointed to a specific provision that said it did not override that law.
"Our office has concluded the Legislature has made its intentions clear with regards to abortion laws," Brnovich said on Twitter. "ARS 13-3603 (the pre-statehood law) is back in effect and will not be repealed" when the new law takes effect in late September.
Arizona's Republican attorney general announced Wednesday that a pre-statehood law that bans all abortions is enforceable and that he will soon file for the removal of an injunction that has blocked it for nearly 50 years.
Attorney General Mark Brnovich's office said after the U.S. Supreme Court overturned its 1973 decision that said abortion was a constitutional right that he was weighing whether the old law could be be enforced.
His decision puts him at odds with Republican Gov. Doug Ducey. The governor had said after he signed a new law banning abortions after 15 weeks in March that it took precedence over the law in place since at least 1901, 11 years before Arizona statehood.
But abortion opponents who wrote the new law and the Republican state senator who sponsored it, Nancy Barto, argued that the old law could be enforced. They pointed to a specific provision that said it did not override that law.
"Our office has concluded the Legislature has made its intentions clear with regards to abortion laws," Brnovich said on Twitter. "ARS 13-3603 (the pre-statehood law) is back in effect and will not be repealed" when the new law takes effect in late September.
Arizona's attorney general says a pre-1901 abortion ban is enforceable
Posted from npr.org
Abortion
American History
Medical
Health
Posted >1 y ago
Responses: 4
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As I've posted many times, states can make them illegal but that's just going to increase the hotel room procedures that killed many women before RvW. The demand isn't going to go away. I wish the pro life types would look at history and review now well Prohibition worked out after the temperance types made alcohol illegal. Women will start dying again from the procedure in states that make it illegal.
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The extreme right still wants to take us back 100+ years. Pathetic. They have shown their true colors and the fight is on.
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Don't understand- if it was pre-statehood, then the Federal Gov't was in charge of the Territory- and when they were accepted as a state that jurisdiction ended, If the state wants to hold a referendum on abortion- that's their right under the constitution- it is not the AG's decision- maybe their State Supreme Court, but not his!
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