Tuesday, February 21, 2023

BREAKING: Arizona Abortion Advocates APPEAL Ruling That Genetic Abnormality Ban Can Go Into Effect (READ Filings)

UPDATE, 2/22, 2:30pm: Judge Douglas Rayes today agreed with the parties, and issued a stay on further proceedings in his court while the 9th Circuit determines the plaintiffs' appeal.

Original Article, 2/21: "Arizona Abortion Advocates APPEAL Ruling That Genetic Abnormality Ban Can Go Into Effect (READ Filings)"

Abortion advocates who have been challenging the Arizona 2021 law banning abortions performed solely because of a genetic abnormality (and granting a fetus "personhood") today filed an appeal with the 9th Circuit. 

On January 19, U.S. District Court Judge Douglas Rayes ruled that the ban could go into effect, because last year's U.S. Supreme Court decision changed everything and the claim that this ban is unconstitutionally vague is not ripe. The plaintiffs include the Arizona Medical Association and the Arizona chapter of the National Council of Jewish Women - they are represented by the ACLU the Center for Reproductive Rights and other attorneys. They are appealing that decision.

The plaintiffs and the State agree that the District Court should stop its proceedings while this appeal is pending. 

Meanwhile, an appeal of whether Arizona's entire set of abortion restrictions passed between Roe and Dobbs are still in effect given the revivication of  the complete Territorial-era ban is likely to head to the Arizona Supreme Court.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 


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