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State Representatives Disagree on Arizona’s Current Abortion Law in the Wake of Roe v. Wade Overturn

Arizona’s Attorney General Mark Brnovich has weighed in on the confusing situation Arizona finds itself in regarding the state’s abortion laws since the overturn of Roe v. Wade.

Arizona currently has two laws regarding abortion on the books: One from 1901, and one that Governor Doug Ducey signed into law March 30th of this year, which is set to take effect 90 days after the end of Legislative session.

Both laws ban all abortions except to save the life of the mother; though the 2022 law specifies it applies to abortions after 15 weeks, and the 1901 law outlines a 2-5 year prison sentence for those who aid a woman in getting an abortion.

Neither law outlines exceptions for rape or incest.

Brnovich’s Tweet on the subject, sent June 29th, says: “Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. [The 1901 law] is back in effect and will not be repealed in 90 days by [the 2022 law]. We will soon be asking the court to vacate the injunction which was put in place following Roe v. Wade in light of the Dobbs decision earlier this month.”

Governor Doug Ducey disagrees with Brnovich, and has stated that as a newer law on abortion, the 2022 law takes precedence over the 1901 law.

Ducey said of the matter, “It seems there is some challenge on what’s happening here, and likely, it will have to be decided in the courts.”

Until an official decision is reached, most Planned Parenthoods and other medical centers that provide abortion services in Arizona have suspended those services until there is more clarity in the law.

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