Arizona Attorney General Mark Brnovich wants the judge to allow prosecutors to enforce a near total ban on abortions enacted more than 100 years ago. Planned Parenthood and the County Attorney's Office urged judge to not 'go back in time.'…
Caitlin Schmidt , Jamie Donnelly Lawyers for Arizona Attorney General Mark Brnovich and Choices Pregnancy Center asked a Pima County judge Friday to leave policy arguments to the state Legislature and allow prosecutors to enforce a near total ban on abortions enacted more than 100 years ago.
People are also reading… A Pima County judge sided with Planned Parenthood at the time, calling the law overly broad and saying it violated the fundamental rights of a woman's marital and sexual privacy. In its response to Brnovich's motion, Planned Parenthood of Arizona cited multiple other laws approved by the Arizona Legislature in the years following the 1973 Roe decision, which meant a Pima County judge couldn't just dissolve the injunction without considering those facts.
But Sarah Mac Dougall, an attorney representing Planned Parenthood, said this option misunderstands the gravity of a situation patients might find themselves in. Mac Dougall said that Brnovich tweeted the day Roe was overturned that SB 1164, the newly passed Arizona law that bans abortions after 15 weeks except in the case of a medical emergency, would become the law. She argued that anticipating changes to Roe v. Wade, the Arizona Legislature could have opted to reinstate the pre-Roe ban, but instead passed the 15-week ban, and that the court should consider the Legislature's intent when making its decision.
"That this was actually an attempt to legalize abortions is a new idea they’ve adopted specifically for this case," Theriot said. Despite the rain, about 50 community members of all ages huddled underneath the eaves of Superior Court, chanting “Bans off our bodies” and “Sí, se puede.”
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