Arizona judge confirms 1864 anti-abortion law automatically triggered by end of Roe v. Wade is law

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Arizona bans astir each abortions aft re-enacting 1864 instrumentality automatically-triggered by extremity of Roe v. Wade: Only objection is for women whose beingness is enactment astatine hazard by pregnancy

  • An Arizona Superior Court Judge ruled connected Friday that a 1864  prohibition connected abortions is present the instrumentality successful the authorities regarding the procedure
  • Judge Kellie Johnson made the determination pursuing a petition from the state's Republican Attorney General Mark Brnovich
  • The instrumentality has exceptions wherever the mother's beingness is successful danger
  • Republican authoritative for Maricopa County, the state's astir populous, said that she would usage discretion when tasked with prosecuting victims of rape 

By Paul Farrell For Dailymail.Com

Published: 00:38 BST, 24 September 2022 | Updated: 01:13 BST, 24 September 2022

All abortions successful Arizona are efficaciously banned aft a justice ruled that an 1864 pre-statehood instrumentality banning the signifier is present the instrumentality successful the state. 

The prohibition is triggered acknowledgment to the Supreme Court's ballot to overturn Roe v Wade successful June. It volition spell into effect arsenic of September 24. 

The determination from Pima County Superior Court Judge Kellie Johnson came much than a period aft she heard arguments connected Republican Attorney General Mark Brnovich’s petition to assistance the injunction.

Johnson said successful the ruling: 'The tribunal finds that due to the fact that the ineligible ground for the judgement entered successful 1973 has present been overruled, it indispensable vacate the judgement successful its entirety,' according to KGUN.

Following the decision, Brnovich tweeted: 'A Pima County justice lifted an injunction that was placed connected AZ’s termination statute. We applaud the tribunal for upholding the volition of the legislature and providing clarity and uniformity connected this important issue. I person and volition proceed to support the astir susceptible Arizonans.' 

The instrumentality was primitively passed successful 1864. In 1901, the connection of the instrumentality was changed, according to AZ Central. 

The Arizona Comstock Law, named for Christian activistic Anthony Comstock, was codified successful 1901, astir 20 years earlier women were afforded the close to ballot successful the United States. 

Arizona Superior Court Judge Kellie Johnson began proceeding arguments connected triggering the 1901 instrumentality successful August

Following the judge's decision, the state's AG Mark Brnovich said: 'I person and volition proceed to support the astir susceptible Arizonans'

All abortions successful Arizona are efficaciously banned aft a justice ruled that a 1901 pre-statehood instrumentality banning the signifier is present the instrumentality successful the state

Republican Maricopa County Attorney Rachel Mitchell said that she would usage discretion successful prosecuting victims of rape and incest with respect to the caller law. 

Mitchell said: 'I don't privation to revictimize victim,' according to KPNX's Brahm Resnik.

An injunction has agelong blocked enforcement of a law, connected the books since earlier Arizona became a state, that bans astir each abortions. The lone exemption is if the woman’s beingness is successful jeopardy.

The ruling besides means radical seeking abortions volition person to spell to different authorities to get one. 

An entreaty of the ruling is likely. The ruling whitethorn besides effect the state's tightly contested legislature and governor's races with the mid-term elections looming.   

It had been successful spot since soon aft the U.S. Supreme Court’s 1973 determination successful the Roe v. Wade case, which held that women had a law close to abortion.

The precocious tribunal overturned Roe connected June 24 and said states tin modulate termination arsenic they wish.

On June 30, Brnovich tweeted: 'Our bureau has concluded the Legislature has made its intentions wide with regards to termination laws.'

He added: 'ARS 13-3603 (the pre-statehood law) is backmost successful effect and volition not beryllium repealed.' 

What’s allowed successful each authorities has shifted arsenic legislatures and courts person acted. Bans connected termination astatine immoderate constituent successful gestation are successful spot successful 12 Republican-led states.

In different state, Wisconsin, clinics person stopped providing abortions amid litigation implicit whether an 1849 prohibition is successful effect. Georgia bans abortions erstwhile fetal cardiac enactment and beryllium detected and Florida and Utah person bans that footwear successful aft 15 and 18 weeks gestation, respectively. 

This is processing story. Please cheque backmost for updates.

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