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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCourt: Abortion doctors can't be charged under Arizona law
AP News via Yahoo NewsPHOENIX (AP) An Arizona court has ruled that abortion doctors cannot be prosecuted under a pre-statehood law that criminalizes nearly all abortions yet was barred from being enforced for decades.
But the Arizona Court of Appeals on Friday declined to repeal the 1864 law, which carries a sentence of two to five years in prison for anyone who assists in an abortion and provides no exceptions for rape or incest.
Still, the court said doctors cant be prosecuted for performing abortions in the first 15 weeks of pregnancy because other Arizona laws passed over the years allow them to perform the procedure, though non-doctors are still subject to be charged under the old law.
The statutes, read together, make clear that physicians are permitted to perform abortions as regulated by other abortion laws, the appeals court wrote.
The pre-statehood law, which allows abortions only if a patients life is in jeopardy, had been blocked from being enforced shortly after the U.S. Supreme Court issued its 1973 Roe v. Wade decision guaranteeing women a constitutional right to an abortion.
But the Arizona Court of Appeals on Friday declined to repeal the 1864 law, which carries a sentence of two to five years in prison for anyone who assists in an abortion and provides no exceptions for rape or incest.
Still, the court said doctors cant be prosecuted for performing abortions in the first 15 weeks of pregnancy because other Arizona laws passed over the years allow them to perform the procedure, though non-doctors are still subject to be charged under the old law.
The statutes, read together, make clear that physicians are permitted to perform abortions as regulated by other abortion laws, the appeals court wrote.
The pre-statehood law, which allows abortions only if a patients life is in jeopardy, had been blocked from being enforced shortly after the U.S. Supreme Court issued its 1973 Roe v. Wade decision guaranteeing women a constitutional right to an abortion.
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Court: Abortion doctors can't be charged under Arizona law (Original Post)
In It to Win It
Dec 2022
OP
Thanks to the Subversive 6, we will have to claw our way back from 1864 to 1973.
Hermit-The-Prog
Dec 2022
#3
no_hypocrisy
(45,774 posts)1. If The Court won't repeal a pre-state law, but won't enforce it,
isn't that a contradiction? (Not that I want them to enforce it . . . . . )
In It to Win It
(8,143 posts)2. The use of the word "repeal" in the article confused me
Because courts do not repeal laws.
I wondered why the word repeal was even in this article. Courts can decide that a law is unenforceable but a law cannot be repealed by a court. Repealing is a function of the legislature.
Hermit-The-Prog
(33,041 posts)3. Thanks to the Subversive 6, we will have to claw our way back from 1864 to 1973.