Arizona Attorney General Mark Brnovich is asking the court to allow it to enforce a near-total ban on abortions under a law that has been blocked for nearly 50 years.
By Bob Christie The Associated Press An Arizona judge will hear arguments this afternoon on the state's request to allow prosecutors to enforce a near-total ban on abortions under a law that has been blocked for nearly 50 years under a now-overruled U.S. Supreme Court ruling.
People are also reading… Brnovich said two days after the “personhood” law was blocked that he would formally seek to have the 1973 injunction blocking the old abortion ban lifted. He had said shortly after the Supreme Court decision that he believed the ban was enforceable, Planned Parenthood attorneys are urging the judge in Pima County Superior Court, where the case originated in 1971, to “harmonize” the old and newer laws by allowing existing restrictions and the 15-week ban to be enforced against doctors, while non-doctors would be subject to the total ban.
The case originated in 1971 when the Tucson affiliate of Planned Parenthood, several doctors and a woman who wanted an abortion sued to overturn the law. A Pima County trial judge ruled the next year that a fetus does not have constitutionally protected rights and that the law banning abortion also violated the doctors’ rights to practice medicine as they saw fit.
Less than three weeks later, the U.S. Supreme Court ruled in Roe, and the appeals court reversed its earlier judgment. The law was then permanently blocked.
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