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Federal judge allows Arizona to implement law banning abortions due to genetic abnormality
Tuscon SentinelA ruling Thursday from a federal judge that reinstates an abortion ban from 2021 has once again complicated the legal landscape for providers in Arizona.
U.S. District Court Judge Douglas Rayes refused to block a law that prohibits doctors from performing abortions due to the fetus’ genetic abnormality, saying that the overturning of Roe v. Wade nullified that request and no actual harm to providers had yet happened.
Passed by the Republican-majority legislature two years ago and signed by then-Gov. Doug Ducey, the law threatened doctors and others who helped finance an abortion with revoked licenses and criminal penalties if they knew the reason for the abortion was because of a genetic abnormality and it isn’t a medical emergency. Doctors faced a class 6 felony and others who helped finance it could have been charged with a class 3 felony.
The law was ultimately blocked the same year it was passed under the auspices of the constitutional right to an abortion, but the U.S. Supreme Court overturned that right last year and also allowed the 2021 ban itself to go into effect. Because the genetic abnormality ban included a provision that explicitly stated it didn’t supersede the 1864 near-total ban Arizona was under at the time, its reimplementation then was a moot point.
Over the summer, pro-abortion groups including the National Council of Jewish Women Arizona and local abortion providers sought a renewed injunction to block the genetic abnormality ban again. They argued that the law was unconstitutionally vague and threatened real harm to doctors across the Grand Canyon State.
U.S. District Court Judge Douglas Rayes refused to block a law that prohibits doctors from performing abortions due to the fetus’ genetic abnormality, saying that the overturning of Roe v. Wade nullified that request and no actual harm to providers had yet happened.
Passed by the Republican-majority legislature two years ago and signed by then-Gov. Doug Ducey, the law threatened doctors and others who helped finance an abortion with revoked licenses and criminal penalties if they knew the reason for the abortion was because of a genetic abnormality and it isn’t a medical emergency. Doctors faced a class 6 felony and others who helped finance it could have been charged with a class 3 felony.
The law was ultimately blocked the same year it was passed under the auspices of the constitutional right to an abortion, but the U.S. Supreme Court overturned that right last year and also allowed the 2021 ban itself to go into effect. Because the genetic abnormality ban included a provision that explicitly stated it didn’t supersede the 1864 near-total ban Arizona was under at the time, its reimplementation then was a moot point.
Over the summer, pro-abortion groups including the National Council of Jewish Women Arizona and local abortion providers sought a renewed injunction to block the genetic abnormality ban again. They argued that the law was unconstitutionally vague and threatened real harm to doctors across the Grand Canyon State.
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https://en.m.wikipedia.org/wiki/Douglas_L._Rayes
On September 19, 2013, President Barack Obama nominated Rayes to serve as a United States District Judge of the United States District Court for the District of Arizona, to the seat vacated by Judge Frederick J. Martone, who assumed senior status on January 30, 2013.[5] Rayes, a Republican,[3] was one of four Arizona judicial nominees announced by Obama that day who were chosen in consultation with Republican Senators John McCain and Jeff Flake.[6] On February 27, 2014 his nomination was reported out of the committee.[7] On May 13, 2014, Senate Majority Leader Harry Reid filed for cloture on his nomination. On May 15, 2014, The Senate voted 59–35 to invoke cloture on his nomination.[8] Later that same day, the Senate confirmed him by a 77–19 vote.[9] He received his judicial commission on May 28, 2014.[2]
