Arizona anti-abortion law to get court hearing days before criminal penalties begin - The Arizona Republic
Groups seeking to overturn part of Arizona's newest law restricting abortion will make their case before a federal judge on Wednesday, just one week before doctors that perform the procedure could face criminal penalties including prison time in certain circumstances.
The measure — passed by the Republican-majority Legislature and signed by Gov. Doug Ducey in April — makes it a crime for medical providers to terminate a pregnancy based on genetic conditions like Down syndrome or cystic fibrosis.
The sweeping new law also gives civil rights to fetuses at any stage of development, and provides for abortions based on genetic conditions only if those conditions are considered "lethal."
The law:Arizona Gov. Doug Ducey signs sweeping anti-abortion bill into law
Groups challenging two provisions in the law include the National Council of Jewish Women of Arizona, Arizona National Organization For Women, Arizona Medical Association and the Center for Reproductive Rights and American Civil Liberties Union, whose lawyers are representing two doctors named as plaintiffs in the case.
The groups argue the law's provisions on genetic conditions and granting civil rights are unconstitutional and unenforceable. They say it effectively leaves both medical professionals and patients censored when it comes to discussing medical decisions.
The law, enacted via Senate Bill 1457, also created a gray area about whether fetuses have civil rights in all aspects of state law, or merely related to abortion statutes, and what conditions are considered "lethal," the groups have argued in court filings.
Defending the law is Arizona Attorney General Mark Brnovich, who says it should stand because it protects against discrimination based on genetic conditions, in the same light as a 2011 Arizona law that prohibits parents from seeking abortions based on gender or race.
Lawyers for the advocacy groups and Brnovich's office are slated to make arguments in the case at 2 p.m. Wednesday. U.S. District Court Judge Douglas L. Rayes is handling the case.
The advocates want Rayes to prevent the law from taking effect on Sept. 29.
National abortion debate heats up
The legal challenge comes in a political landscape that could undo decades of precedent. Ducey and 11 other Republican governors have urged the conservative-majority U.S. Supreme Court to overturn Roe v. Wade, the case that lays the foundation for abortion rights.
Meanwhile, Arizona lawmakers pushed a dozen bills restricting abortions in their last legislative session earlier this year, and have indicated an interest in duplicating a controversial Texas law that allows civilians to seek fines against doctors who provide abortions after six weeks of pregnancy.
The Arizona law came after months of intense debate in the Legislature, including last-minute procedural maneuvers that the bill's sponsor used to revive the measure.
Proponents insisted the legislation would protect Arizona's most vulnerable, preventing "modern day eugenics" by ensuring equal treatment for babies with genetic conditions. The life of an unborn child matters just as much as the life of its mother, Republicans argued.
OB-GYNs came forward to testify that they would be afraid of providing pregnant patients comprehensive information about their choices.
And Democratic lawmakers accused the bill's supporters of using people with disabilities as pawns, contending the state essentially leaves families of children with genetic conditions to fend for themselves once those children are born.
This is a developing story. Check back with azcentral for updates
Reach reporter Stacey Barchenger at [email protected] or 480-416-5669. Follow her on Twitter.
source: https://www.azcentral.com/story/news/politics/arizona/2021/09/22/arizona-anti-abortion-law-lawsuit-genetic-conditions-hearing/5802852001/
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