Thursday, October 21, 2021

Judge halts Arizona abortion ban in 11th-hour decision

29 September (WNN) — A federal judge granted abortion providers a preliminary injunction against a controversial Arizona abortion law criminalizing abortions performed because of fetal genetic issues that was set to take effect Wednesday.

US District Judge Douglas Reyes issued an injunction on Tuesday in a ruling that struck down two provisions of the law that charge felony charges against doctors who intentionally unconstitutionally treated fetuses with genetic issues such as Down syndrome. To be unclear from let’s abort.

The provisions in question are the notification provision, which requires a doctor to tell his patients that aborting a fetus due to a genetic abnormality is prohibited, and the criminal liability provision, which prohibits the provider from performing such abortions if they do so. Know that it is caused by a genetic abnormality.

Reyes wrote in her 30-page ruling that nowhere in the law does it outright prohibit abortion because of a fetal genetic abnormality, nor does it prevent women from obtaining a pre-viability abortion because of such an issue. Is. Instead, it prevents a provider from performing such an abortion if the provider knows that it is due to a fetal genetic abnormality.

“At what point can a doctor be deemed to ‘know’ or ‘believe’ in a patient’s mind?” Rais wrote. “This problem is compounded by the reality that the decision to terminate a pregnancy is a complex one, and is often driven by diverse considerations, some of which are inextricably linked with the detection of a fetal genetic abnormality.”

Reyes continued that the notification provision of the law would make it less likely for pregnant women seeking an abortion to say it is due to a genetic issue of the fetus. He also said the provision requires providers to mislead their patients into believing that their constitutionally protected right to an abortion is unlawful.

“The only reasonable conclusion that the Court can draw is that the object and intended effect of the notification provision makes it less likely that a woman, although she wishes to terminate her pregnancy because of a fetal genetic abnormality, will successfully exercise her right.” Do this,” he said.

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Reyes, however, sought to exclude a provision that abortion providers classify as a fetus, fetus, and fertilized egg in people.

Emily Nestler, senior counsel for the Center for Reproductive Rights, said she was “incredibly relieved” by the decision.

“People should not be questioned about their reasons for getting abortions,” Nestler said in a statement. “There are no right or wrong reasons.”

Arizona Gov. Doug Ducey signed the law in April amid a movement within the Republican Party to limit abortions across the country.

At the time he said that there is “incomparable value” in all lives, regardless of their genetics.

“We will continue to prioritize protecting the lives of our preborn children and this law goes a long way in protecting real human lives,” he said in a statement.

The rule was challenged in August by Arizona abortion providers and abortion advocates.

Cathy Herrod, president of the Anti-Abortion Center for Arizona Policy, said this was the first review of the law in federal court with more to come.

“We are confident that the law will be upheld and made fully enforceable,” he said in a statement. “It’s a shame that the abortion industry stands in the way of protecting the most vulnerable from discrimination and lives.”

As of early June, 47 states have imposed 561 abortion restrictions, including 165 abortion bans, of which 83 have been in place, according to the Guttmacher Institute, an abortion advocate.

The organization said the number of restrictions implemented at the time is “unprecedented”.


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