Recently, a judge ruled that Arizona doctors have no legal right to challenge a 2021 ban on abortion, citing a statute now in effect. The law states it is illegal to terminate a pregnancy solely based on a genetic abnormality of the fetus. In an appeal case, the doctors ask under what circumstances would they be able to perform an abortion if there is a problem with the fetus? They maintain the gray area puts them at risk of prosecution. The doctors insist the law should be tossed, as it is unclear.
The defendants say the doctors have no standing to bring this case because they face no harm – Attorney General, Kris Mayes (Dem.) has stated she won’t prosecute any doctor who violates any abortion laws. The doctors, however, say the statute should be thrown out now because a future Attorney General may have an opposite point of view resulting in prosecutions.
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Donald A. Loose is an Arizona attorney, and the author of Arizona Laws 101: A Handbook for Non-Lawyers, and Estate Planning in Arizona: What You Need to Know. Mr. Loose is a regular guest on radio shows featuring local newsmaker interviews. He may be contacted at email@example.com.