PHOENIX (AP) — Attorney General Mark Brnovich says a total abortion ban that has been on the books since before statehood can be enforced as states grapple with long-halted laws in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade.
The high court decision less than a week ago has set off legal battles in multiple states where lawmakers have sought to ban or restrict abortion.
Brnovich announced over Twitter Thursday morning the state's ban on discriminatory abortions is now in effect.
I am pleased with today's ruling and proud to defend Arizona's law that protects the unborn.
— Mark Brnovich (@GeneralBrnovich) June 30, 2022
The best in any society can be seen in how it treats its most vulnerable.
In Arizona, Republican Gov. Doug Ducey has said a law he signed in March banning abortions after 15 weeks took precedence over a total ban in place since at least 1901, 11 years before Arizona statehood. But Attorney General Mark Brnovich, a fellow Republican, said he was reveiwing the 1901 law in the wake of Roe and providers immediately stopped performing the procedure out of fear of prosecution.
Brnovich on Wednesday sided with those who pointed to a specific provision in the new law that said it did not override the earlier one, which has been blocked since 1973. Brnovich says he’ll seek to have it unblocked.
“Our office has concluded the Legislature has made its intentions clear with regards to abortion laws,” Brmovich said on Twitter. “ARS 13-3603 (the pre-statehood law) is back in effect and will not be repealed” when the new law takes effect.
Ducey spokesman C.J. Karamargin the governor’s office was reviewing Brnovich’s decision and had no immediate comment.
In response, doctors with the group Committee to Protect Health Care have called the Arizona abortion ban "outdated and extremist."
Dr. Cadey Harrel, a Family Physician in Tucson and Arizona State Lead for the group released the following statement Thursday:
“Make no mistake, this unethical, archaic, and dangerous ban will put the health and lives of my patients and people across Arizona at grave risk. Abortion is health care that is safe, necessary, and proven to improve maternal mortality. It is a human right. Decisions around abortion, like any other health care, should be made between patients and doctors.
Politicians like Attorney General Mark Brnovich have no place in our exam rooms. By enforcing this outdated and extremist ban, Attorney General Brnovich is taking away the bodily rights and autonomy of Arizonans, while criminalizing physicians for adhering to their professional oath to first do no harm.”
Mayor Regina Romero took to social media to express her thoughts on Brnovich's actions.
#Arizona AG Brnovich continues to abuse the power of his office to score political points with the radical right, waste taxpayer dollars, and now he’s continuing his assault on the bodily autonomy of Arizonans.
— Regina Romero (@TucsonRomero) July 1, 2022
He should resign immediately.
RELATED: Attorney General Mark Brnovich says 1901 abortion law is "back in effect"
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