Arizona Judge Rules Abortion Ban Can Go Into Effect, Save Babies From Abortions
( LifeNews )
An Arizona judge has ruled the state can enforce its pre-Roe abortion ban and protect babies from abortions. A Pima County judge ruled that the injunction against the ban can be lifted.
Pima County Superior Court Judge Kellie Johnson said the legal basis for blocking state abortion bans was lifted following the Supreme Court’s decision to overturn Roe v. Wade therefore “it must vacate the judgement in its entirety.”
That is consistent with what the state argued in court. Assistant Attorney General Beau Roysden argued that after the U.S. Supreme Court overturned Roe v. Wade, the injunction no longer applies, so it should be lifted.
“Those laws were intended to regulate and limit abortion within the power the legislature had. They were never intended … to statutorily create the right to abortion,” Roysden said.
Attorney General Mark Brnovich celebrated the decision on Twitter.
“We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue. I have and will continue to protect the most vulnerable Arizonans,” Brnovich tweeted.
The law protects babies from abortion starting at conception and only allows abortions in cases to save the life of the mother. Any abortionist who kills an unborn child will face two to five yearsin prison.
Previously, Alliance Defending Freedom attorneys representing Dr. Eric Hazelrigg, an obstetrician and medical director of Choices Pregnancy Center in Arizona, filed two briefs at the Arizona Superior Court in Pima County in defense of the state’s law protecting unborn lives.
The first brief asks the court to grant the Arizona attorney general’s request to vacate the injunction against the state’s pre-Roe v. Wade law that offered substantial protection for the unborn, which the court had previously blocked after Roe.
The second brief asks the court to appoint Dr. Hazelrigg as the individual to legally represent the best interests of unborn children in Arizona.
“Now that the U.S. Supreme Court has overruled Roe, Arizona is eager to preserve the innocent lives of the unborn and restore dignity to women and the medical profession,” said ADF Senior Counsel Denise Harle, director of the ADF Center for Life. “We’re pleased to work alongside Attorney General Brnovich in defending the state’s duly enacted law that protects the lives of mothers and their children.”
“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. We will soon be asking the court to vacate the injunction which was put in place following Roe v Wade in light of the Dobbs decision earlier this month.”
In an email to supporters, Brnovich added: “As AG, I’ve prioritized the rule of law and defense of the most vulnerable. That’s why I’ve fought in over 10 cases on behalf of the vulnerable and in defense of common-sense, pro-life laws duly passed in Arizona and states across the country. With the reversal of Roe, these decisions now belong to each state. I’m proud to lead in Arizona’s response.”
As LifeNews reported, the Supreme Court overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.
Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.
Texas and Oklahoma had banned abortions before Roe was overturned and Missouri became the first state after Roe to protect babies from abortions and South Dakota became the 2nd. Then Arkansas became the third state protecting babies from abortions and Kentucky became the 4th and Louisiana became the 5th and Ohio became the 6th and Utah became the 7th and Oklahoma became the 8th and Alabama became the 9th. This week, Mississippi became the 10th and South Carolina became the 11th,Texas became the 12th with its pre-Roe law and Tennessee became the 13th.
Michigan, Wisconsin and West Virginia have old pro-life laws on the books but there is question about whether they are applicable and will be enforced.
Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.
The 13 total states with trigger laws that would effectively ban all or most abortions are: Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
Polls show Americans are pro-life on abortion and a new national poll shows 75% of Americans essentially agree with the Supreme Court overturning Roe.
Despite false reports that abortion bans would prevent doctors from treating pregnant women for miscarriages or ectopic pregnancies, pro-life doctors confirm that is not the case. Some 35 states have laws making it clear that miscarriage is not abortion and every state with an abortion ban allows treatment for both.