Wednesday, May 22, 2013

Ninth Circuit Panel Strikes Down Arizona's 20-Week Abortion Ban, But Trent Franks is Undeterred

The Ninth Circuit rules Arizona's 20-week "fetal pain" abortion ban clearly unconstitutional...

The New York Times: Arizona Law on Abortions Struck Down as Restrictive, by Fernanda Santos:

A federal appellate panel struck down Arizona’s abortion law on Tuesday, saying it was unconstitutional “under a long line of invariant Supreme Court precedents” that guarantee a woman’s right to end a pregnancy any time before a fetus is deemed viable outside her womb — generally at 24 weeks.

The law, enacted in April 2012 despite vociferous protest by women’s and civil rights groups, made abortions illegal if performed 20 weeks after a woman’s last menstrual period, or roughly 18 weeks after fertilization, even if the woman learned that the fetus had no chance of surviving after birth. . . .

...but Arizona's Rep. Trent Franks vows to push for a similar ban in Congress:

The Huffington Post: Trent Franks Uses Kermit Gosnell Case To Push 20-Week Abortion Bill, by Laura Bassett:

Rep. Trent Franks (R-Ariz.) told reporters on Wednesday that there is a "good chance" House leadership will bring his nationwide 20-week abortion ban to the floor this year for a full vote in light of the Kermit Gosnell trial.

While Franks' bill, which only applied to the District of Columbia the previous times he introduced it, has never been brought to the floor for a vote, he said the Gosnell trial has caused leadership to take it more seriously this year. . . .

The Ninth Circuit Court of Appeals struck down a similar bill in Arizona on Tuesday, declaring it unconstitutional. But Franks said he doesn't trust or respect the Ninth Circuit. . . .


The opinion is available here.

Abortion Bans, Fetal Rights, In the Courts | Permalink

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