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Tipsheet

Arizona AG Urges Court to Unblock Major Abortion Law

AP Photo/Jacquelyn Martin

Arizona’s Republican Attorney General Mark Brnovich filed a motion on Wednesday asking a court to allow a law banning almost all abortions to take effect.

The 16-page motion was filed with the Pima County Superior Court. According to Brnovich’s office, the injunction has been in place since Roe v. Wade became the law of the land. Last month, the Supreme Court overturned Roe, sending the issue of abortion back to the states and their elected representatives.

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In 1901, A.R.S § 13-3603 was enacted. It states that “a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.”

“We believe this is the best and most accurate state of the law,” said Arizona Attorney General Mark Brnovich. “We know this is an important issue to so many Arizonans, and our hope is that the court will provide clarity and uniformity for our state.”

Gail Deady, an attorney for the pro-abortion Center for Reproductive Rights, said in a statement to ABC that it’s “outrageous” that Brnovich “is trying to revive this zombie law that has long been blocked.”

ABC News added that abortion providers in Arizona stopped providing abortions after the Supreme Court’s historic ruling, “saying it was too risky to move ahead with the old ban still on the books and with a 2021 law that grants all rights to pre-born children also in play.”

The 2021 “personhood” law in the state was blocked by a federal judge last week after pro-abortion organizations challenged it. 

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Jessica Sklarsky, who is a lawyer at the Center for Reproductive Rights, called the ruling the “right decision” because it blocked “an unthinkably extreme abortion ban.” She added that the Supreme Court’s decision last month to overturn Roe was “catastrophic,” according to NBC.

Townhall reported this month how the Texas Supreme Court upheld the state’s pre-Roe law outlawing abortion. 

In a tweet, pro-life Texas Attorney General Ken Paxton called the decision a “pro-life victory” and said that “our state’s pre-Roe statutes banning abortion in Texas are 100% good law.”

“I’ll keep winning for Texas’s unborn babies,” he added. 

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