“State has shown a legitimate interest in limiting abortions past 20 weeks”
U.S. District Court Judge James A. Teilborg has ruled that 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 law, approved earlier this year by the Legislature and signed April 12, by Republican Gov. Jan Brewer, prohibits most abortions after 20 weeks into a pregnancy.
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’s regulation on abortions.”
The Court’s 15-page opinion can be read here, courtesy of Center for Arizona Policy.
The law is scheduled to take effect this Thursday, August 2.
Arizona now joins Alabama, Idaho, Indiana, Kansas, Nebraska and Oklahoma in legislating these protections. Bans in Louisiana and Georgia are set to go into effect Aug. 1 and Jan. 1, respectively.
Americans United for Life has more on state laws protecting mothers and children here.
Arizona’s Pro-Life Congressman Trent Franks has sponsored H.R. 3803. The bill bans abortions in the District of Columbia after 20 weeks of pregnancy. Supported by a majority of the House, the bill has 222 co-sponsors.
UPDATE: Wednesday, August 1, 2012
Today, the left-leaning and most overturned Ninth Circuit Court ordered that Arizona cannot prohibit most abortions after 20 weeks of a pregnancy, pending a trial. The court has blocked a key provision of HB 2036, known as the Mother’s Health and Safety Act.
Earlier this week, an Arizona U.S. District Court upheld the law and denied the American Civil Liberties Union (ACLU) and the Center for Reproductive Rights’ request to stop it from taking effect.