TUCSON, Ariz. (KGUN) — The battle over which abortion law should apply in Arizona played out in a state appeals court today.
It’s a matter of a nearly complete abortion ban that dates back more than a hundred years, or a less restrictive law the legislature passed last Spring.
You’ll have to wait for a ruling on this issue, the three judges today will not rule until they’ve taken time to consider what they heard.
Last spring state lawmakers passed a law that allows abortions up to 15 weeks of pregnancy but also wrote in a provision that said that law does not prevent the state from enforcing a law that dates back to before Arizona was a state.
That law is a nearly complete ban on abortion.
Planned Parenthood sued, asking the courts to clarify which law really should apply.
It argues applying the old law throws out all the other abortion laws the legislature passed in the years since the law from Arizona’s Territorial years.
Planned Parenthood Attorney Sarah Mac Dougall says, “So we have proposed an interpretation for both 13-3603, the territorial era ban, as well as the dozens of statutes passed between 1973 and today, including the 15 week law that would allow physicians to continue providing abortions consistent with the laws and regulations. Including the 15 week law.”
A lawyer representing Attorney General Mark Brnovich told the judges the old and new laws can work in combination.
Time ran out before Mark Lippelmann had a chance to argue in front of the judges. He is with Alliance defending Freedom and represents a doctor designated to look out for the rights of unborn babies.
“So this case is essentially how do you fit all of those different laws together that were enacted under different circumstances?”
Reporter Craig Smith asked: “How do you?”
Lippelmann: “Well, you give each their effect and so that means the legislature wants to provide comprehensive protection and it's no longer shackled by Roe to do so. So you're able to provide that protection and also retain in those sad circumstances where an abortion is is necessary to save the life of a mother then you have the other regulations in place as well.”
The Appeals Court has ordered that abortion up to 15 weeks will remain legal while the case makes its way through the courts.
The Arizona Court of Appeals shared live video of the oral arguments:
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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.
