The Supreme Court of the United States (SCOTUS) granted Arizona Attorney General Mark Brnovich’s (R) request that pro-life law Senate Bill (SB) 1457 go into effect while litigation moves forward.

“I am pleased with today’s ruling and proud to defend Arizona’s law that protects the unborn,” Brnovich said. “The best of any society can be seen in how it treats its most vulnerable.”

According to the press release from the attorney general’s office, left-wing groups sued to stop SB 1457 from going into effect after it passed, and Brnovich stepped in to defend it according to the judicial decision that the Constitution in no way protects the right to get an abortion based on genetic test results.

“The lawsuit [Brnovich v. Isaacson] remains ongoing at the U.S. District Court of Arizona, and in light of the Supreme Court’s historic Dobbs decision, we are confident that defense will prevail,” according to the press release.

Arizona law has prohibited abortions sought based on race or sex. SB 1457, sponsored by State Representative Nancy Barto (R-Phoenix), expands the law to include genetic abnormalities, such as Down Syndrome. Under the law, anyone who performs an abortion sought for the reasons above is subject to a class 6 felony, and physicians who knowingly perform the procedure or don’t report when others do are subject to a fine upwards of $10,000. The woman who receives the abortion is not subject to any criminal prosecution or fines.

Furthermore, SB 1457 aims to ensure that the state recognizes that unborn children have all rights, privileges, and immunities available to anyone else through every stage of development.

Furthermore, Brnovich released a statement Wednesday regarding abortion laws and what is enforceable in Arizona.

“Our office has concluded the Arizona Legislature has made its intentions clear regarding abortion laws. ARS 13-2603 is back in effect and will not be repealed in 90 days by SB 1164. 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,” said Brnovich

ARS 13-2603, a 1901 territorial-era law, nearly bans all abortion in Arizona unless the procedure is necessary to save the mother’s life. While the mother cannot be punished, any physician caught performing the procedure shall be punished with imprisonment for upwards of five years.

According to 12 News, there is confusion amongst Arizona’s leaders over what abortion law will take effect, the 1901 law or SB 1164, sponsored by Barto. Gov. Doug Ducey (R) signed the bill in March, which prohibits abortions after 15 weeks of pregnancy, barring a medical emergency.

A press release from the Arizona State Senate Republican Caucus stated that SB 1164 is “in addition to” ARS 13-2603.

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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Background Photo “Supreme Court” by Phil Roeder. CC BY 2.0.