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Arizona Appeals Court Rejects Use of 1864 Abortion-Ban Law

The Arizona Court of Appeals ruled Friday that it will not prosecute doctors performing abortions under the 1864 abortion law. The law in question predates the founding of the state.

However, the court did not repeal the law that reportedly sentenced people to prison terms of two to five years, but given Arizona’s patchwork of existing laws, it was seen as a clear move by abortion activists. welcomed. Associated Press writing.

“These laws, read together, make it clear that physicians are authorized to perform abortions as prescribed,” the Court of Appeals said in a statement.[T]Legislation has created a complex regulatory scheme to achieve its intention of restricting, but not eliminating, selective abortion. ”

Brittany Fonteno, president of Planned Parenthood of Arizona, the largest provider of abortions in Arizona, welcomed the ruling, according to the AP.

“Let me be clear that today is a good day…The Arizona Court of Appeals has given us the clarity that Planned Parenthood Arizona has sought for months: Arizona’s other laws and It remains legal for up to 15 weeks when provided by a licensed physician in accordance with regulations,” Fonteno told the Associated Press.

Arizona joined many Republican-led states in deciding to preempt the overturn of the Supreme Court’s ruling. Law vs Wade earlier this year by passing state-level measures restricting abortion. In March, Arizona passed a Republican-controlled state legislature that passed a policy banning abortion after 15 weeks except in medical emergencies, with no special exemptions for rape or incest.

“In Arizona, we know that all lives, including prenatal lives, are of immeasurable value…I believe it is each state’s responsibility to protect them,” said Republican Governor Doug Ducey was writing at the time.

Similar efforts have been launched in Florida, Kentucky and Mississippi.

However, the state’s incoming Democratic Governor, Katie Hobbs, condemned the Arizona Court of Appeals’ retention of the 15-week abortion ban, writing in a statement: Or a politician. ”

Arizona’s newly elected Democratic Attorney General, Chris Mays, echoed this sentiment when he vowed to “continue to fight for reproductive freedom.” new york times report. Mays won a recount Thursday against Trump supporter Abraham Hamade with 280 of the nearly 2.5 million votes cast.

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