Arizona abortion ban from 1800s is law, Attorney General Brnovich says

Arizona Lawyer General Mark Brnovich believes a 158-12 months-old territorial legislation that mandates jail time for abortion companies is the governing regulation in the state and that a different measure barring abortions soon after 15 months is not going to supersede it.

In a statement on Twitter, Brnovich said he would set aside an injunction the point out Courtroom of Appeals place in location in 1973 that blocked the Lawyer General’s Workplace and Pima County from implementing the territorial regulation. The injunction was issued after the U.S. Supreme Court’s ruling in Roe v. Wade.

It’s an attempt to bring clarity to the legal muddle that has puzzled Arizonans ever considering that the U.S. Supreme Courtroom indicated it was probable to overturn Roe v. Wade.

Brnovich’s final decision differs from Gov. Doug Ducey’s statement that a not long ago passed law that bans most abortions soon after 15 weeks of being pregnant normally takes precedence over the older regulation. Senate Invoice 1164 was passed before this year with unanimous Republican support and will become legislation on Sept. 24. 

Brnovich’s business did not right away react to a ask for for particulars on when he would consider the issue to court docket. 

On Tuesday, acting Maricopa County Legal professional Rachel Mitchell mentioned court direction would be desired to figure out if the territorial legislation would utilize in the state’s major county.

Brnovich’s assertion Wednesday suggests he is looking to get the clarification, whilst also reinstating a legislation that was created additional than a century and a fifty percent back.

Reach the reporter at [email protected] and stick to her on Twitter @maryjpitzl.

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