{"id":39747,"date":"2022-06-29T20:26:25","date_gmt":"2022-06-30T02:26:25","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/arizona-attorney-general-pre-1901-abortion-ban-enforceable\/"},"modified":"2022-06-30T02:26:25","modified_gmt":"2022-06-30T02:26:25","slug":"arizona-attorney-general-pre-1901-abortion-ban-enforceable","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/arizona-attorney-general-pre-1901-abortion-ban-enforceable\/","title":{"rendered":"Arizona attorney general: Pre-1901 abortion ban enforceable"},"content":{"rendered":"

\"Protesters
Protesters shout as they join thousands marching around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision June 24 in Phoenix. Arizona\u2019s Republican attorney general announced Wednesday that a pre-statehood law that bans all abortions is enforceable. (Ross D. Franklin\/Associated Press file)<\/span>Ross D. Franklin<\/span><\/figcaption><\/figure>\n

PHOENIX \u2013 Arizona\u2019s Republican attorney general announced Wednesday that a pre-statehood law that bans all abortions is enforceable and that he will soon file for the removal of an injunction that has blocked it for nearly 50 years.<\/p>\n

Attorney General Mark Brnovich\u2019s office said after the U.S. Supreme Court overturned its 1973 decision that said abortion was a constitutional right that he was weighing whether the old law could be enforced.<\/p>\n

His decision puts him at odds with Republican Gov. Doug Ducey. The governor had said after he signed a new law banning abortions after 15 weeks in March that it took precedence over the law in place since at least 1901, 11 years before Arizona statehood.<\/p>\n

But abortion opponents who wrote the new law and the Republican state senator who sponsored it, Nancy Barto, argued that the old law could be enforced. They pointed to a specific provision that said it did not override that law.<\/p>\n

\u201cOur office has concluded the Legislature has made its intentions clear with regards to abortion laws,\u201d Brnovich said on Twitter<\/a>. \u201cARS 13-3603 (the pre-statehood law) is back in effect and will not be repealed\u201d when the new law take effect in late September.<\/p>\n

\"Protesters
Protesters shout as they join thousands marching around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision June 24 in Phoenix. (Ross D. Franklin\/Associated Press file)<\/span>Ross D. Franklin<\/span><\/figcaption><\/figure>\n

Ducey spokesman C.J. Karamargin the governor\u2019s office was reviewing Brnovich\u2019s decision and had no immediate comment.<\/p>\n

The old law says anyone who helps a pregnant woman obtain an abortion can be sentenced to two to five years in prison. The only exception is if the life of the woman is in jeopardy.<\/p>\n

Abortion clinics across Arizona had stopped providing the procedures within hours of last Friday\u2019s Supreme Court ruling. They cited concerns that the old law could be enforced.<\/p>\n

Planned Parenthood Arizona President and CEO Brittany Forteno said the group was outraged by Brnovich\u2019s decision, which came after providers and patients had been living in distress since Friday.<\/p>\n

\u201cNow, our extremist attorney general has announced his plans to reinstate an antiquated, enjoined 1901 law that will ban all abortion in Arizona until the new law takes effect,\u201d she said. \u201cIt\u2019s unconscionable and drastically out of line with the 7 in 10 Arizonans who support abortion access.\u201d<\/p>\n

Besides the total ban, a law that grants eggs and fetuses all rights is also on the books. Abortion rights advocates are asking a judge who refused to block it last year because Roe v. Wade was in effect to reconsider his decision<\/a>. The judge did block that law\u2019s ban on abortions because of a fetal genetic abnormality.<\/a><\/p>\n

\"Protesters
Protesters shout as they join thousands marching around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision June 24 in Phoenix. (Ross D. Franklin\/Associated Press file)<\/span>Ross D. Franklin<\/span><\/figcaption><\/figure>\n

After the Supreme Court decision, an estimated 7,000 to 8,000 abortion rights protesters gathered at the state Capitol, where the Legislature was completing work on the yearly session.<\/p>\n

State police used tear gas to disperse the crowd after a small group of protesters started banging on the state Senate\u2019s glass front and one person tried to kick in a sliding-glass door. No arrests or injuries were reported Friday night, but protests continued for two days and several people were arrested.<\/p>\n

Brnovich is among several Republicans vying for their party\u2019s nomination for U.S. Senate in the Aug. 2 primary.<\/p>\n

There were just more than 13,000 abortions in Arizona in 2020, according to the most recent report from the Arizona Department of Health Services. Of those, fewer than 650 were performed after 15 weeks of gestation.<\/p>\n","protected":false},"excerpt":{"rendered":"

Protesters shout as they join thousands marching around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision June 24 in Phoenix. Arizona\u2019s Republican attorney general announced Wednesday that a pre-statehood law that bans all abortions is enforceable. (Ross D. Franklin\/Associated Press file)Ross D. Franklin PHOENIX \u2013 Arizona\u2019s […]<\/p>\n","protected":false},"author":1,"featured_media":39748,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[2612],"naviga_topic":[],"class_list":["post-39747","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-abortion"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/39747","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=39747"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/39747\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/39748"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=39747"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=39747"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=39747"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=39747"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}