Arizona cannot enforce abortion ban, Supreme Court rules


PHOENIX — Arizona cannot enforce its ban on abortions at 20 weeks of pregnancies, the U.S. Supreme Court ruled this morning.

The justice rejected a bid by Maricopa County Attorney Bill Montgomery to review an appellate court ruling concluding the 2012 law is likely unconstitutional. The justices gave no reason for their decision in their brief order.

The Arizona law made it a crime for a doctor to perform an abortion on a woman who is beyond the 19th week of pregnancy. The only exceptions are when necessary to prevent a woman’s death or “substantial and irreversible impairment of a major bodily function.”


This is confusing considering the 20 week abortion ban wasn’t challenged as part of the challenge to the HB2 bill in Texas.

Nine other states also have 20-week bans, but the Arizona ban is earliest because it uses a different starting point to calculate a fetus’ age.

Besides Arizona, other states with versions of 20-week bans are Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Nebraska, North Carolina and Oklahoma. Most were enacted in the past several years.

Why hasn’t Oklahoma’s 20 week ban been challenged in court for example, if 20 week bans are unenforceable? Is it because Arizona calculates the age differently?


Indiana passed a similar law citing fetal pain at 20 weeks. If another appeals court approves one of the other states’ ban on late abortions, the Supremes will almost have to take up the issue.

Until then we need to work at changing the hearts of people who think there is ever a justification to kill your own child, one heart at a time.


To be precise, the Supreme Court really did not “rule” on anything at all. They simply refused to hear the appeal which --effectively – lets the lower court’s ruling stand as it was.

If no one in the state challenges the law, then it never goes to court. I’d imagine that’s why the law stands in other states.


That is correct. They avoided ruling.


The reason? 9th Circuit Court of Appeals If you have a liberal cause, that’s the go-to court. :shrug:


I think they should anyway! :thumbsup:


Be careful what you wish for. There is a good chance millions of unborn children would lose a decision now, and an even better chance if the party of death maintains control of the Senate and White House.

It is pretty clear that all of the justices want to avoid another 5-4 decision on abortion that will remain a precedent for many more decades.


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