A federal court has struck down an Arizona state ban on abortions beyond 20 weeks, signed into law last year. As is often the case with the contentious issue of abortion rights, at question was the legal definition of life.
In a major rebuff to Arizona Governor Jan Brewer and the
Republican-led legislature of Arizona the 9th US Circuit Court of
Appeals found that the ban – named the Mother’s Health and Safety
Act (HB 2036) – violated the constitutionally protected right to
terminate a pregnancy under Roe V. Wade.
Supporters of the Arizona statute had based their arguments both on
an interpretation of life as beginning earlier than the generally
accepted legal standard of 24 weeks, while the bill also included
the possibility of an abortion past 20 weeks in case of medical
emergency.
The decision of the 9th Circuit Court three-judge panel was
unanimous against Arizona’s abortion ban. Judge Marsha Berzon,
writing on behalf of the San Francisco-based court, said the
state’s ban violated US Supreme Court rulings since the Roe v. Wade
decision of 1973.
“A woman has a constitutional
right to choose to terminate her pregnancy before the fetus is
viable," said Berzon.
Cathi Herrod, the head of Christian social conservative group
Center for Arizona Policy which championed the 2012 ban, said the
ruling was not surprising and believed its ruling would be
overturned.
“This ruling is not surprising
nor am I discouraged at the prospects of this important law
ultimately being upheld,” said Herrod via a statement on
Tuesday.
“The Ninth Circuit Court is
historically one of the most overturned appellate courts in the
nation. Based on the facts of this case, I am confident that this
Court will be overturned once again,” she added.
According to the Associated Press, the 9th Circuit’s ruling is
binding only within the nine Western US states under its
jurisdiction, Idaho is the only additional state with a similar
abortion ban.
Janet Creppe, the lawyer who argued against the ban on behalf of
the Center for Reproductive Rights, said Tuesday’s decision
affirmed abortion law based on viability.
"These laws are all
unconstitutional," she said. "This is not a close legal question at all.
These laws are unconstitutional."
Supporters of Arizona’s ban asserted that the law was meant to
protect a mother's health, and prevent fetuses from feeling pain,
though that concept seemed to be in legal conflict with viability
of a fetus as defined by Roe v. Wade and subsequent rulings.
Supporters of abortion bans have been vocal regarding the
disputed claim that fetuses can feel pain at a gestational age of
20 weeks and older. The more conservative view held by other
pro-life groups supports the belief that life begins at
conception.
"We look forward to an appeal to
the United States Supreme Court," said Herrod.
Nine other US states have enacted similar bans starting at 20 weeks
or even earlier. Though several of those state bans had previously
been placed on hold, or struck down by other courts.
Historically, US public opinion has varied on the issue of
abortion. According to opinion data provided by Gallup, as of May
2013 just over 50 per cent of Americans believe abortion should be
provided “only under certain circumstances,” 26 per cent believe it
should be available without restriction, and 20 per cent believe it
should be illegal altogether.