Attorney General Mark Brnovich requests ability to enforce abortion law

By Greg Hahne
Howard Fischer
Published: Thursday, October 7, 2021 - 10:54am
Updated: Wednesday, June 15, 2022 - 12:53pm
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Howard Fischer/Capitol Media Services
Mark Brnovich

Attorney General Mark Brnovich wants a judge to allow him to enforce a law that prohibits abortions based on genetic defects. However, a court ruling found the law that would charge doctors as criminals for performing such procedures was unconstitutional.

In new legal filings, Brnovich is telling U.S. District Court Judge Douglas Rayes that he is misinterpreting a law that created limitations on abortions passed by the Arizona legislature.  

Brnovich also argues the Roe v. Wade ruling does not create a precedent that guarantees a right for women to terminate a pregnancy for any reason. 

But Rayes blocked the law passed by the legislature, saying it places an undue burden on women. He says that outweighs any interest the state might claim in promoting life or prohibiting discrimination. 

Rayes cited previous court rulings, saying a woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable without interference from the state. 

Abortion Health + Medicine
Mark Brnovich requests to enforce abortion law