(via Stephanie Innes at the Arizona Republic)
“Arizona appeals court judges on Friday ruled that abortions performed in the state by licensed physicians are legal up to 15 weeks of gestation despite a 19th-century, near-total abortion ban.
The ruling from the three-member panel from the southern division of the Arizona Court of Appeals clears up months of uncertainty over the legality of abortion in Arizona by stating that physicians who perform abortions under a new law that permits them up to 15 weeks of gestation are not subject to prosecution under the territorial-era near-total abortion ban.
Abortion law in the state had been in flux following the U.S. Supreme Court’s June 24 decision to eliminate the constitutional right to an abortion and leave the issue up to states, though both medication and surgical abortions have been legally occurring in Arizona up until 15 weeks of gestation since October, pending the appeals court decision, which was sought by Planned Parenthood Arizona.”
More available at: Appeals Court: Abortions legal in Arizona up to 15 weeks (azcentral.com)
View the Appelate Court Ruling Here
Note: Kris Mayes was sworn in as the AZ Attorney General yesterday. The courts were closed on Monday, January 2 so outgoing Attorney General Brnovich didn’t have an opportunity to appeal the case to the Arizona Supreme Court. I’m not a legal expert, but I think a 3rd party might have the ability to appeal the case to the AZ Supreme Court.
In the meantime, abortion services will be legal in Arizona up to 15 weeks gestation subject to a mandatory counseling session, compulsory ultrasound and a 24-hour waiting period. The ADHS will now presumably regulate licensed abortion clinics in accordance with the 15-week limitation even though their rules don’t include such a restriction.
