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Arizona Judge rules the state can enforce a near-total ban on abortion

Deciding that Arizona almost-total ban on Abortion May Take EffectPima County Superior Court Judge Kelly Johnson granted the Republican state’s attorney’s request. general set aside an injunction preventing execution of Prohibition of Arizona until statehood on abortion after the Supreme Court decision in Rowe vs. Wade in 1973.

“The Court considers that, since the legal basis for decision entered into force in 1973 is now canceled, he must reverse the decision in completely,” Johnson wrote. in the ruling, published on Friday.

The case pushed issue of how restrictive abortion law should to be in Arizona, a swing state in which President Joe Biden carried fewer than 11,000 people. votes. It’s a controversial topic that has divided Republicans. in Arizona and reflects of heated debate across the country in commemoration of U.S. Supreme Court overturns Roe v. Wade in end of June with many states under the leadership of the Republican Party are adopting increasingly restrictive measures that run in risk of alienation of moderate voters.

Judge ruling effectively bans all abortions in Arizona, except when the procedure is necessary to save the mother’s life. decision came the day before the ban for 15 weeks on abortion should have been effect in Arizona. This law was passed by Arizona legislators before the US Supreme Court. decision.

Arizona Judge rules the state can enforce a near-total ban on abortion
Conservative Arizona legislators included language in a bill to ban abortion after 15 weeks, which states that new the law would not repeal the 1901 law that was passed before Arizona became a state and can be traced back before 1864 In addition to the prohibition of abortion in in all cases, except for cases when “it is necessary to save (i.e. mother’s) lives”, the right of pre-statehood carries prison sentence of two to five years for abortion providers.

During the fight with the general’s lawyer move to allow the 1901 abortion ban, abortion rights groups argued that if both laws went into effect it would create considerable confusion for both abortion providers and women looking for care. But the judge said in her ruling that she did not weigh in on how the conflict between Arizona’s abortion laws would be resolved.

“While legal issues may arise, the parties seek resolve regarding the statutes of Arizona on abortion, these questions are not for this court will decide here,” wrote Johnson. in in decision.

The decision drew sharp criticism from several pro-abortion Democratic groups and Democratic gubernatorial candidate Kathy Hobbs. who said she was “outraged and devastated” by decision.

“There’s no doubt in I think this draconian law of 1901 will have dire consequences on health and wellness of Arizona women and their families,” Hobbs said. in statement. “This cruel law effectively bans abortion. in Arizona – with with no exceptions for rape or incest – and the risks of women fundamental freedom to take care of their own health decisions. … To make matters worse, this law prescribes jail time for abortion providers. Medical professionals will now be forced to think twice as well as call their lawyer before providing patients with often needed, life-saving help.”

Arizona Republican Attorney General Mark Brnovich who presided over a lawsuit to try to get the state banned before the formation of the state on put an abortion back in effect after being hit by the Supreme Court down Rowe vs. Wade in at the end of June, he tweeted that he was satisfied decision:

“We applaud the court for upholding the will of legislature and ensuring clarity and uniformity on it is important issue. I have protected and will continue to protect Arizona’s most vulnerable,” he tweeted.

disagreement over Abortion laws in Arizona have created a confusing legal landscape in Arizona for a lot of of the summer that unfolded against background of shift national political sentiment ahead of By-elections in November. Although both historical trends and the nation’s negative attitude towards inflation initially seemed to favor the Republicans. in them quest take control of House of Representatives and Senate of the United States in November of this year, the Supreme Court decision on abortion activated all female voters over country — dynamics that led to an unexpected victory for supporters of right to abortion in Kansas and performances better than expected for democrats in special elections for U.S. House of Representatives after Dobbs’ administration.

Decree introduces new uncertainty in marquee races across the state. republicans, who need a net growth of just one place to flip the Senate are trying to topple Democratic Senator Mark Kelly as he runs for a full six-year term. And the Democrats try to flip the governor’s mansion currently held term- Limited Republican Gov. Doug Ducey.

In the Arizona gubernatorial race, Hobbs portrayed the Republican Party opponent Lake Kari as “extreme” on abortion. Lake has repeatedly stated that she opposes the procedure and in August news conference declared that it would “support the laws which on books.” But she did not specify which laws she had in mind. people not like laws on books, then they need elect representatives who change the laws. I’m runing for governor, not for God. So I can’t write laws,” she said.

Her campaign did not respond to CNN inquiries for clarification on her view of pre-state law.

Both Lake and Republican Senate nominee Blake Masters, who challenges Kelly, claimed their Democratic opponents taken too far out of mainstream in service of the right to an abortion.

Masters removed language from him campaign website expressing support for “Federal Identity Law” and others conservative anti-abortion stances after winning the GOP nomination last month. His campaign told CNN what Masters is doing support Proposal by South Carolina Senator Lindsey Graham for federal ban on abortion at 15 weeks, which would make exceptions to protect life of in mother as well as in cases of rape or incest.

But before the Masters decision campaign did not answer questions about his position on statehood law or court case to enforce it.

In her Friday statement, Kelly said that decision will have a devastating effect on freedom arizona women have had for decades: choose abortion if they need one. Let’s be clear, that’s exactly what Blake Masters wants, a total ban on abortion. in Arizona and across the country – even without exception for rape or incest. I will never stop fighting for these rights for Arizona women.”

Planned Parenthood Federation of America fought Brnovic move in Pima County Superior Court – the court that issued the 1973 injunction.

groupThe lawyers argued that the court duty to harmonize everything of ordinances of the Arizona Legislature as they exist today.” post- Dobbs era, group argued that a law prior to statehood could “apply in in some respects”, but what is it should does not apply to abortions performed by licensed physicians, and instead what a ban should apply to anyone other than a licensed physician who attempts to provide abortion services.

In a statement, Brittany Fontenot, President and CEO of Planned parenthood in Arizona, Friday’s ruling said, “is of practical and regrettable significance.” result of sending Arizona back almost 150 years. Not an archaic law should dictate our reproductive freedom and how we live our lives today.”

This story was updated with more details Friday.

CNN’s Paradise Afshar contributed to this report.

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Tyler Hromadka
Tyler Hromadka
Tyler is working as the Author at World Weekly News. He has a love for writing and have been writing for a few years now as a free-lancer.

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