It's a pretty simple case. Roe made the 19th-century abortion ban illegal, but Roe was overturned in Dobbs so now the abortion law has been reinstated.
This logical conclusion is causing lefties' heads to explode.
From The Washington Post:
An Arizona judge revived a ban on abortion that dates back to the mid-19th century, lifting a decades-old injunction that means the procedure is effectively illegal in the state at all times except when a pregnant person's life is at risk.
I doubt the original 19th-century law mentioned a "pregnant person."
Pima County Superior Court Judge Kellie Johnson's ruling was released Friday, a day before a law that restricts abortions after 15 weeks of pregnancy was due to take effect. The conflicting restrictions on abortion had created confusion, with Arizona Attorney General Mark Brnovich (R) pushing to enforce the tougher prohibitions and Gov. Doug Ducey (R) previously insisting that the 15-week ban was the law of the land.
Johnson cited the U.S. Supreme Court's decision in June to overturn Roe v. Wade, which established a fundamental right to abortion, as rationale for lifting the injunction. Roe had been the basis of the 1973 injunction that prevented bans on abortion from being enforced, Johnson ruled. And because the nation's highest court had returned decisions on the procedure to Congress and the states, that injunction can also be annulled, she wrote.
Effectively, Arizona has now banned ALL elective abortions. This ruling from the Tuscon judge provides stronger protections than the recently passed pro-life law in Arizona.
The law also provides strong consequences for those performing abortions.
The Arizona law threatens abortion providers with between two and five years in prison. It originated from a 1864 law and has no exception for victims of rape or incest. Some states did not update the laws on their books after Roe was decided in 1973, and the overturning of that decision has caused confusion from Michigan to West Virginia as to whether those laws still apply.
Johnson indicated that the older law, which was updated and codified in 1901, supersedes the recently passed law that was to take effect Saturday. "Most recently in 2022, the legislature enacted a 15-week gestational age limitation on abortion. The legislature expressly included in the session law that the 15-week gestational age limitation" does not "repeal" the older ban, she wrote.
Good on this Arizona judge for recognizing the law of the land and protecting life in the womb no matter what.
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