TUCSON, Ariz. (KGUN) — It'll be about another month before we know whether Arizona will have a near total abortion ban or a law that forbids abortion after 15 weeks.
This was not a case that addressed whether abortion should be legal or illegal. It was about a choice between two laws, one more restrictive than another.
Arizona Attorney General Mark Brnovich sent attorneys to argue the end of Roe v. Wade means Arizona should revert to an abortion law that predates Arizona becoming a state. That law bans abortion entirely, except to save the life of the mother.
Planned Parenthood urged Superior Court Judge Kellie Johnson to order enforcement of anewer law that state lawmakers passed in March. It forbids abortion after 15 weeks of pregnancy unless the mother’s life is in danger.
Planned Parenthood also opposes the 15-week rule, saying it’s too soon for someone to recognize they’re pregnant, but still prefers that law over the older one.
Assistant Attorney General Brunn Roysden argued that the new law specifically states it does not repeal provisions of the old law–and wants to make sure the new law’s 15 week timeline doesn’t effectively legalize abortion in even a limited way.
“There’s no showing that the legislative enactments have created a statutory right for doctors to preform abortions either up to viability or up to 15 weeks when the new law takes effect,” Roysden said in court.
Planned Parenthood argues reverting to the old law throws out many other laws on abortion passed over the years.
Planned Parenthood attorney Sarah Mac Dougall says the dispute between the two laws leaves doctors unsure of what they can and can’t do.
In court, Mac Dougall stated “People’s lives will be at stake in those circumstances.Doctors might not understand whether they can provide care to their patients.”
Judge Johnson did not rule from the bench. She expects to issue her ruling in about a month.
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Craig Smith is a reporter for KGUN 9. With more than 40 years of reporting in cities like Tampa, Houston and Austin, Craig has covered more than 40 Space Shuttle launches and covered historic hurricanes like Katrina, Ivan, Andrew and Hugo. Share your story ideas and important issues with Craig by emailing craig.smith@kgun9.com or by connecting on Facebook and Twitter.