Arizona’s 20-week abortion ban upheld but temporarily blocked

by on August 8, 2012  •  In Health, Reproductive rights, Women's rights
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In a case we discussed last month, the Ninth Circuit has granted a preliminary injunction against Arizona House Bill 2036; this unconstitutional and potentially dangerous measure would curtail women’s reproductive rights at 20 weeks of pregnancy. On July 30th, US District Judge Teilborg upheld the law based on the problematic findings that (1) the few weeks between the 20-week mark and the average age of fetal viability (23-24 weeks) do not make a significant difference in a woman’s ultimate decision to abort or continue her pregnancy, and (2) the state’s interest in protecting fetuses from feeling pain overrides women’s health and privacy rights.

Recognizing the negative health and constitutional consequences of this holding, the appellate court has enjoined enforcement of the law until it comes to a decision. The case, Isaacson v. Horne, is currently in the briefing stage; stay tuned for further updates this fall. 

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