Arizona appeals court cannot prosecute doctors under 19th century abortion ban

An Arizona court of appeals ruled Friday that a doctor who performed an abortion in line with the state’s 15-week abortion ban cannot be prosecuted under a 19th-century law that banned nearly all abortions.

“…the legislature has created a complex regulatory scheme to achieve its intention of restricting, but not eliminating, selective abortion,” the court said in its ruling.

For nearly 50 years, Arizona was blocked from courts enforcing a near-total abortion ban dating back to 1864. Doug Ducey (R) in March.

But after the Supreme Court overturned the Roe v. Wade case in June, Arizona Attorney General Mark Brnovich (Republican) asked the court to revoke the injunction barring enforcement under previous Arizona law. rice field.

An appeals court ruled on Friday that finding doctors criminally responsible for providing restricted abortions under the old law would not be possible under the 15-week ban on “selective abortions that the legislature was simply meant to regulate.” ruled that it would eliminate

“Brunovitch’s reading effectively renders [the 15-week abortion ban’s] Elective abortion regulation is almost meaningless because there will be no legal elective abortion,” the court said.

The Court of Appeals also noted that the Arizona legislature had “significantly” avoided including language that would have superseded the old law if Roe v. Wade was overturned.