A decades-old injunction on a law that bans abortions except when a mother's life is at risk was lifted by Arizona judge Kellie Johnson.
that was to take effect Saturday. “Most recently in 2022, the Legislature enacted a 15-week gestational age limitation on abortion. The legislature expressly included in the session law that the 15-week gestational age limitation does not ‘repeal’” the older ban, she wrote.Ducey’s office didn’t immediately respond to a request for comment late Friday. Brnovich thanked Johnson on Twitter, saying that the court had provided “clarity and uniformity on this important issue.
Democratic gubernatorial nominee Katie Hobbs said in a statement that she was “mourning” the decision and pledged to veto antiabortion legislation if elected. Johnson’s ruling means the older abortion ban “is no longer unenforceable” and Brnovich’s position as the state’s chief law enforcement officer “opens the door to prosecutions under that law,” said Kaiponanea Matsumura, a family law professor at Loyola Marymount University who previously taught in Arizona.
Barbara Atwood, a law professor emerita at the University of Arizona, predicted further legal and legislative wrangling over abortion in Arizona. The 1901 law “directly conflicts with many laws regulating abortion in Arizona enacted since 1973,” she said, including those that permit the procedure in emergencies such as pregnancies that can result in the loss of major organ function for pregnant women and other pregnant individuals.Roe v. Wade overturned:
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