Last summer, we wrote that U.S. District Court Judge James A. Teilborg ruled HB 2036, titled Mother’s Health & Safety Act, “is constitutional,” denying the American Civil Liberties Union and Center for Reproductive Rights’ request to stop the law from taking effect. The bill prohibiting most abortions after 20 weeks into a pregnancy was signed into law by Gov. Brewer.
The Court wrote “Given the nature of [abortion procedures], and the finding that the unborn child has developed pain sensors all over its body by 20 weeks gestational age, the Court finds that the State has shown a legitimate interest in limiting abortions past 20 weeks.”
“Furthermore, Arizona expressed concerns for the health of the pregnant woman, finding that the instance of complications is highest after 20 weeks of gestation. This additional legitimate interest further supports HB 2036 regulations on abortions.”
Today in a 44-page opinion, the liberal and appropriately nicknamed Ninth Circus Court of Appeals reversed the District Court’s order, denying declaratory and injunctive relief to plaintiffs and held that the Constitution does not permit the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, “before the fetus is viable.”
The case Isaacson v. Horne, (link) was argued before a three member panel of Circuit Judges Mary M. Schroeder, Andrew J. Kleinfeld, and Marsha S. Berzon.
Has the ubiquitous and multifaceted maverick, John McCain, already enmeshed in granting amnesty to illegals, nosing into cable and satellite television offerings and being vexed by having to continually update his iphone apps, also found time to peddle his squishy abortion views to the Ninth Circus Court of Appeals?