Posted by AzBlueMeanie:
It looks like the "Mayor" of Washington, D.C., Rep. Trent Franks (R-AZ), has a bit of a problem with his plan to take his anti-abortion crusade nationwide. The 9th Circuit Court of Appeals struck down Arizona's 20-week abortion ban law today. Doh! Court Strikes Down Arizona 20-Week Abortion Ban:
The 9th U.S. Circuit Court of Appeals said the law violated a woman's
constitutionally protected right to terminate a pregnancy before a fetus
is able to survive outside the womb. "Viability" of a fetus is
generally considered to start at 24 weeks. Normal pregnancies run about
40 weeks.
Nine other states have enacted similar bans starting at 20 weeks or even earlier. Several of those bans had previously been placed on hold or struck down by other courts.
Judge Marsha Berzon, writing for the unanimous three-judge panel on the San Francisco-based court, said such bans before viability violate a long string of U.S. Supreme Court rulings starting with the seminal Roe v. Wade decision in 1973.
The judge wrote that "a woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable."
Gov. Jan Brewer signed the ban into law in April 2012 after it was approved by the Republican-led Legislature. Supporters said the law was meant to protect the mother's health and prevent fetuses from feeling pain. U.S. District Judge James Teilborg ruled it was constitutional, partly because of those concerns, but the 9th Circuit blocked the ban from going into effect until it ruled.
Lawyers representing Arizona argued that the ban wasn't technically a law but rather a medical regulation because it allowed for doctors to perform abortions in medical emergencies. Berzon rejected that reasoning and deemed the legislation a law banning abortions before a fetus is viable.
"The challenged Arizona statute's medical emergency exception does not transform the law from a prohibition on abortion into a regulation of abortion procedure," Berzon wrote. "Allowing a physician to decide if abortion is medically necessary is not the same as allowing a woman to decide whether to carry her own pregnancy to term."
Berzon was joined by judges Mary Schroeder and Andrew Kleinfeld.
Continue reading "9th Circuit Court of Appeals strikes down Arizona's 20-week abortion ban" »




















Recent Comments