By Matthew Holloway |
With the certification of the 2024 Elections complete, the battle lines are being drawn in what could amount to a lengthy legal clash over abortion restrictions in the state.
As reported by the Associated Press, the next fight to break out will likely be to render the present abortion law, a 2022 ban on abortions after 15-weeks with the exception of saving a mother’s life, inoperative. Unless and until a court rules or the legislature passes a new statute to align with the newly minted amendment, the 15-week ban remains in effect. It is around this bulwark that pro-life parties are beginning to build a defensive case, or conversely one that attacks the constitutional amendment.
Democrat Attorney General Kris Mayes told reporters, “The position of the state of Arizona will be that we agree that abortion is legal in our state.”
Cathi Herrod, president of the Center for Arizona Policy (CAP) told reporters with the AP that the group is working to anticipate any legal challenges to the current statutes and are preparing to legally “intervene where appropriate.”
Darrell Hill, policy director at the American Civil Liberties Union of Arizona told the wire service, “All the laws that have currently been on the books are under question and are subject to possible challenges at some point.”
In a post to X, the Center for Arizona Policy commented, “Today, Arizona Governor Katie Hobbs ‘celebrates’ the passage of Proposition 139 to amend the Arizona Constitution to enshrine a constitutional, fundamental right to an abortion. It is not a time to celebrate. It is a time to mourn the legal taking of unborn children’s lives and the resulting harm to their mothers.”
The advocacy group warned, “Within days, Arizona will see one or more lawsuits that will prove the real intent of Proposition 139: to overturn up to forty of Arizona’s common sense safety standards. Standards that not only protect the viability of unborn children but also the well-being and lives of their mothers. These laws were passed to protect women and their unborn children. Prior to the election, Prop 139 proponents scoffed when we pointed out that the amendment would not only legalize abortion until birth but would put all of Arizona’s common sense abortion safety standards in jeopardy.”
In addition to the 15-week ban, as many as 40 additional statutes require abortion restrictions. They range from requiring pregnant women seeking abortions to have an ultrasound performed at least 24 hours beforehand, to forbiddding abortions explicitly performed due to the existence of a genetic abnormality in an unborn child.
CAP added, “The proponents of this disastrous amendment are revealing what their real agenda has always been: to expand abortion – and their profits – at any cost, even the cost of Arizona women’s health and lives. Governor Hobbs celebrates. Those who value the sanctity of human life at all stages weep. Our commitment remains what it had always been: protect both the woman and her unborn child. We will fight tirelessly to defend these critical, lifesaving measures. We will do all we can to limit the anticipated breadth of Proposition 139.”
Challenges to Prop 139 may range from the vagueness of its standard of “fetal viability,” to how “a compelling state interest,” is defined, with one argument being that preventing murder is in the state’s direct and compelling state interest. Further, allegations that the proposition was only approved through disinformation propagated by Governor Hobbs may lead to legal challenges as well.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
