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Obama Judge Blocks Ariz. Law Affirming Pre-Born ‘Personhood’

'Plaintiffs should not have to guess at whether their conduct is on the right or the wrong side of the law...'

(Headline USA) A federal judge in Phoenix on Monday blocked a 2021 state “personhood” law that gives all legal rights to pre-born children and that anti-life advocates claim puts abortionists at risk of prosecution for a variety of crimes.

U.S. District Judge Douglas Rayes, an appointee of former President Barack Obama, said in his written ruling that it was “anyone’s guess,” as the state acknowledged, what criminal laws abortion providers may be breaking if they perform otherwise-legal abortions.

“And that is the problem,” Rayes wrote. “When the punitive and regulatory weight of the entire Arizona code is involved, Plaintiffs should not have to guess at whether their conduct is on the right or the wrong side of the law.”

Rayes agreed with the challengers that the law appears to be unconstitutionally vague.

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At least four other states have similar “personhood” laws in effect, including Missouri, Kansas, Georgia and Alabama.

It was unclear if abortions—which have been halted in Arizona since the U.S. Supreme Court ruled last month repealing the federal abortion mandate—would restart.

Abortion providers stopped virtually all procedures because a pre-1901 banning all abortions that may be in effect and other laws created too much risk.

At least in Pima County, where the 1901 law remains blocked, they could be legal, although Attorney General Mark Brnovich plans to ask a court to lift that order and allow enforcement.

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Rayes had refused to block the personhood law last year, but abortion activists renewed their request after Roe v. Wade was reversed by the decision in Dobbs v. Jackson Women’s Health.

They argued that providers fear they could be charged with child abuse, assault or a litany of other crimes, and that the law was too vague. There is also concern of civil and regulatory action.

The attorney general’s office told the judge that the personhood law created no new criminal laws, but admitted in their court filings that prosecutors and courts could have a different view.

An Arizona attorney general’s office spokesperson said they are focused on “bringing clarity to the law for Arizonans.”

“Today’s ruling was based on an interpretation of Arizona law that our office did not agree with, and we are carefully considering our next steps,” spokesperson Brittni Thomason said in an email.

An attorney general’s office lawyer told Rayes during a July 8 hearing that the law creates no new crimes that could lead to charges. The “personhood” law says all other state laws should be interpreted to bestow all rights to an unborn child.

The attorney general’s office said in court filing that Rayes got it right last September when he refused to block the law. Rayes had cited a U.S. Supreme Court ruling from 1989 where the court declined to block Missouri’s nearly identical law.

Rayes said he has now changed his mind about the relevance of that case.

“The Court is now persuaded it was wrong to rely on Webster the first go around,” he wrote.

Rayes’ ruling blocks enforcement of the law while the challenges precede though the court, including a possible trial.

“Medical providers should not have to guess about whether the otherwise lawful performance of their jobs could lead to criminal, civil, or professional liability solely based on how literally or maximalist state licensing, law enforcement, and judicial officials might construe the Interpretation Policy’s command,” Rayes said.

States now have wide-ranging rights to limit abortion, and many laws limiting or blocking all abortions that were previously blocked can now be enforced. That has led to battles in many states over which laws are now enforceable.

Arizona is in that position, with Republican Gov. Doug Ducey saying a ban on abortions after 15 weeks that he signed in March takes precedence over the pre-1901 law Brnovich said is in effect.

There were just over 13,000 abortions in Arizona in 2020, according to the most recent report from the Arizona Department of Health Services. Of those, fewer than 650 were performed after 15 weeks of gestation.

Adapted from reporting by the Associated Press

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