Arizona Attorney General Mark Brnovich said Wednesday that Arizona’s pre-Roe ban on all abortions, except to save the life of the mother, is now back in effect in light of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.
The state legislature passed and GOP Gov. Doug Ducey signed into law Senate Bill 1164 in March — a ban on abortions after 15 weeks, except to save the life of the mother. The law was due to go into effect 90 days after the end of the current legislative session, according to the Arizona Republic.
However, it was passed while the Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) regimes were still in place restricting what legislation states could pass regarding abortion.
“Our office has concluded the Arizona Legislature has made its intention clear regarding abortion laws,” Brnovich said. “ARS 13-3603 is back in effect and will not be repealed in 90 days by SB1164.”
“We will soon be asking the court to vacate the injunction which was put in place following Roe v. Wade in light of the Dobbs decision earlier this month.”
The 1901 law ARS 13-3603 punishes abortion providers, not those who receive them.
Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. pic.twitter.com/jvjKXaXKwd
— Mark Brnovich (@GeneralBrnovich) June 29, 2022
Following the Dobbs decision on Friday, thousands of pro-abortion protesters converged on the state Capitol in Phoenix.
The legislature was in session at the time, but not considering any legislation regarding abortion.
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The Arizona Department of Public Safety said in a statement that night, “Protests over the United States Supreme Court’s ruling overturning Roe v. Wade brought an estimated 7,000 to 8,000 people to the Arizona State Capitol Complex in Phoenix.”
“What began as a peaceful protest evolved into anarchical and criminal actions by masses of splinter groups. As groups realized the state legislature was in session, they attempted to breach the doors of the Arizona Senate and force their way into the building,” the DPS continued.
“The violence of their efforts literally shook the building and terrified citizens and law makers who occupied the building. As the glass doors bowed from attempts of forced entry, the occupants of the building were instructed to move to secure locations.
“Due to the direct threat to the occupants of the Senate building and damage to the building itself, Arizona State Troopers took immediate action and utilized tactics including the deployment of field force teams and tear gas.”
GOP state Sen. Michelle Ugenti-Rita posted video of the incident on Twitter.
Arizona Capitol pic.twitter.com/sf8UcFvByD
— Michelle Ugenti-RITA (@MichelleUgenti) June 25, 2022
KGUN-TV reported that “an injunction on ARS 13-3603 may need to be lifted before it can take full effect.”
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