CV NEWS FEED // The Arizona Supreme Court heard arguments on December 12 on whether prosecutors can enforce the state’s pre-Roe v. Wade law that protects unborn children from conception until birth, with exceptions for the life of the mother.
The court’s final decision will determine whether abortion is illegal throughout pregnancy, as per the state’s pre-Roe law, or legal until 15 weeks of pregnancy, according to a 2022 law. The ruling is expected early next year.
Arizona’s abortion prohibition became unconstitutional after Roe v. Wade in 1973, but the laws were put on hold, not repealed. After Roe’s overturn in 2022, Arizona’s Attorney General at the time, Mark Brnovich, requested the injunction blocking the law’s enforcement be lifted.
The law prohibits all abortions except when necessary to save the mother’s life. Criminal penalties apply only to the abortion provider, not the woman seeking an abortion.
After Roe v. Wade was overturned, Arizona passed another bill prohibiting abortion after 15 weeks of pregnancy.
In the ongoing case, Planned Parenthood Arizona v. Mayes, the non-profit law firm Alliance Defending Freedom (ADF) is representing Dr. Eric Hazelrigg.
The obstetrician and director of Choices Pregnancy Center in Arizona filed a petition in March asking the state’s high court to review a previous Court of Appeals ruling on the pre-Roe law.
“The appellate court’s ruling reinterpreted state law, against its plain meaning, to allow abortion in circumstances where the Legislature prohibited it,” ADF said in a December 11 press release. “It also enjoined officials from fully enforcing Arizona’s pro-life law to protect unborn children.”
ADF Senior Counsel Jake Warner argued on behalf of Hazelrigg in the oral arguments on Tuesday.
“The state has a growing interest in protecting unborn children,” Warner emphasized.
He noted that under the pre-Roe legislation, Arizona law protects unborn life after 15 weeks, only allowing an abortion if it is immediately necessary to save the life of the mother.
This permits abortions for ectopic pregnancies, for instance, which are medical emergencies, but would not allow abortions after 15 weeks if the medical threat was not urgent, as in cases of cancer treatment for instance.
Under Arizona’s current law, Title 36, abortions are allowed up to 15 weeks if they will save the life of the mother. Warner argued that the pre-Roe law is not in conflict with Title 36 but simply adds another restriction. ADF is asking the court to lift the 50-year-old injunction on the pre-Roe law.
Planned Parenthood Arizona (PPAZ) argued on Tuesday that ADF was pushing the court to make a decision on the right to abortion, which is not the duty of the judicial system, and further argued that “abortion is healthcare.”
ADF observed that Arizona has a history of protecting unborn life.
“Arizona’s pro-life law has protected unborn children for over 100 years, and the people of Arizona, through their elected representatives, reaffirmed that law just last year,” Warner stated in the Monday press release. “Consistent with this clear reaffirmation of life, we are urging the Arizona Supreme Court to allow the state’s pro-life law to once again protect the lives of countless, innocent unborn children.”
“Life is a human right, and Arizona’s pro-life law respects that right,” he stated.
Hazelrigg has legally represented Arizona’s unborn children as a substitute guardian since the Arizona Superior Court in Pima County appointed him for the role in September 2022. Arizona courts have been formally recognizing the substitute guardian role for unborn children for more than 50 years.