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Most abortions now illegal in Arizona as pre-statehood law takes effect

A Pima County judge ruled on Friday that Arizona’s pre-statehood ban of all abortions will get into effect following U.S. Supreme Court’s decision that overturned Roe v. Wade.

Driving the news headlines: Judge Kellie Johnson ruled that years of subsequent abortion restrictions which are less lenient compared to the territorial-era ban don’t negate it.

  • Attorney General Mark Brnovich urged Johnson to reinstate regulations that has been enjoined in 1973 in reaction to Roe.
  • Planned Parenthood of Arizona argued that other, more permissive laws passed since that time is going into effect rather than the pre-Roe ban.

Why it matters: A law banning all abortions apart from those essential to save the life span of mom is currently effective.

State of play: Lawmakers this season passed a ban on abortions after 15 weeks of pregnancy, that was likely to take influence on Saturday.

Yes, but: The legislation emphasized that it generally does not repeal the pre-Roe prohibition.

Of note: Lawmakers in 2021 repealed some of regulations that managed to get a felony for a female to get or obtain an abortion, leaving only the portion that criminalized individuals who perform abortions.

What they’re saying: Brnovich announced the ruling on Twitter, applauding the ruling.

  • “We applaud the court for upholding the will of the legislature and providing clarity and uniformity with this important issue. I’ve and will continue steadily to protect probably the most vulnerable Arizonans,” he tweeted.

What’s next: Johnson noted in her ruling there are likely other legal questions left to handle concerning the future of abortion in hawaii.

Underneath line: Expect more court challenges soon.

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