New Arizona Abortion Ban Blocked Hours Before Taking Effect

Judge blocks ban on abortions sought because of a fetal condition or diagnosis

September 28, 2021 9:15 pm

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PHOENIX 鈥 A federal district court judge granted a request by Arizona physicians and advocates today to temporarily block part of a new Arizona law that was scheduled to take effect tomorrow, Sept. 29. The provision that was blocked would ban abortions sought due to the presence or presumed presence of a fetal condition.

In his order, Judge Douglas L. Rayes wrote, 鈥渢he decision to terminate a pregnancy is a complex one, and often is motivated by a variety of considerations, some of which are inextricably intertwined with the detection of a fetal genetic abnormality... If a woman wishes to terminate her pre-viability pregnancy because of a fetal genetic abnormality, [this law] require[s] her to conceal this information from or lie to her doctor, neither of which fosters trust or encourages open dialogue.鈥

The court denied plaintiffs鈥 request to block another part of the law that classifies fetuses, embryos, and fertilized eggs as 鈥減eople鈥 starting at the point of conception. The court did not rule out the possibility that this provision could ultimately be deemed unlawful, particularly if or when it is used to violate Arizonans鈥 constitutional rights.

鈥淭his ruling is a victory for Arizonans and their ability to communicate with their physicians and access abortion care if they need it. Politicians shouldn鈥檛 have the power to approve or reject our personal medical decisions and charge physicians with felonies for serving their patients,鈥 said Ruth Harlow, senior staff attorney at the 老澳门开奖结果 Reproductive Freedom Project. 鈥淲e鈥檒l do everything in our power to continue fighting this cruel policy and ensure no one is forced to carry a pregnancy against their will regardless of where they live.鈥

鈥淧eople should not be interrogated about their reason for seeking an abortion. There are no right or wrong reasons,鈥 said Emily Nestler, Senior Counsel at鈥痶he Center for Reproductive Rights. 鈥淲e鈥檙e incredibly relieved that this 鈥榬eason ban鈥 will be blocked while this case continues. This is just one of the more than 90 abortion restrictions passed at the state level this year, including Texas鈥 abortion ban, which is currently wreaking havoc. Abortion access in the U.S. is in very real peril. We will keep fighting this ban and the personhood requirement until they are struck down for good.鈥

"We are relieved that the court has enjoined the state's outrageous attempt to extend the Americans with Disabilities Act in utero, and has temporarily prevented this dangerous law from restricting access to reproductive health care, criminalizing doctors and interfering with personal medical decisions between doctors and patients," said Civia Tamarkin, president of National Council of Jewish Women Arizona, a co-plaintiff in the lawsuit.鈥淏ut the failure to enjoin the personhood provision will create chaos once that law goes into effect and is subject to broad interpretation and application under every Arizona statute.鈥

鈥淔or a moment, women in Arizona can take a tiny breath as justice and constitutional rights have prevailed on the reason ban,鈥 said Laura Terech, State Coordinator for Arizona NOW. 鈥淏ut the battle is far from over and we need every hand and every heart on the front lines with us so long as our right to bodily autonomy is challenged anywhere.鈥 鈥

So far this year,鈥痵tates have鈥痵igned鈥 into law, making it the worst year for abortion access on record.鈥疉rizona鈥痟as existing鈥痑bortion restrictions that make it harder for people to access abortion, including: a mandatory 24-hour waiting period for people seeking abortion; a鈥痓an on the use of telemedicine for medication abortion services;鈥痑nd鈥痑 law banning advanced practice clinicians like nurse practitioners from providing abortion care.鈥 鈥

On Dec. 1, 2021, the Supreme Court will hear oral arguments in the Center鈥檚 case鈥a direct challenge to Roe v. Wade. In that case,鈥疢ississippi has asked the鈥痗ourt to allow states to ban abortion before viability. If that happens, Arizona and nearly half the states in the country are poised to鈥痓an abortion entirely.

The case was filed by the Center for Reproductive Rights, 老澳门开奖结果 (老澳门开奖结果), and 老澳门开奖结果 of Arizona on behalf of two Arizona physicians, the Arizona Medical Association, National Council of Jewish Women鈥疉rizona,鈥痑nd the鈥疉rizona National Organization of Women.