Arizona judge ‘permanently and forever’ overturns 15-week protections for preborn children

An Arizona judge has permanently blocked the state’s law protecting preborn children from abortion after 15 weeks, declaring the law “unconstitutional” after voters passed Proposition 139, an amendment enshrining abortion as a constitutional ‘right.’

With the ruling, all abortions are allowed up to the entirely subjective point of ‘fetal viability,’ as determined by the abortionist, and are allowed even through all nine months if a doctor determines it is necessary “to protect the life or health” of the mother.

Maricopa County Superior Court Judge Frank Moskowitz “permanently and forever” blocked the 15-week law at the request of state abortionists, who filed a lawsuit in December to halt the protections for preborn children. At that time, Governor Katie Hobbs voiced her support of the law’s repeal.

“Arizonans made it clear that they support reproductive freedom, and there is no question that a ban with no exceptions for rape or incest should be removed from our laws,” she said, adding she was “glad Arizonans are working to finish the job and enforce the constitutional protections we now enjoy.”

Attorney General Kris Mayes also noted in December that even though the 15-week law was in effect at that time, her office would refuse to enforce it.

The most common abortion procedure in the second trimester is a dilation and evacuation (D&E) procedure, also sometimes referred to as a dismemberment abortion. This procedure, which usually takes several days and begins with the abortionist forcibly dilating the woman’s cervix, first with laminaria (thin sticks of seaweed that expand over time) at home, and then with a metal speculum in the facility. After it is sufficiently dilated, the abortionist uses a sharp instrument called a sopher clamp to tear the preborn baby’s limbs from his body.

2nd Trimester Abortion | Dilation and Evacuation (D&E) | What Is Abortion?

Though the abortion limit is overturned, there are still some protections for women in place, including a mandatory waiting period and ultrasound requirement. The abortion industry has already set its sights on overturning these protections next.

“Burdensome and pointless requirements leveled at abortion providers and mandatory waiting periods for patients continue to undermine the voters’ will,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “We will keep fighting to ensure that Arizonans get all the freedoms they voted for and rightfully expect.”

Pro-life legislators are also working to try and strengthen protections for pregnant women; last week, the Arizona House Judiciary Committee advanced HB 2681, which would establish regulations surrounding abortion pill distribution, including requiring a physician to first examine the patient, a blood test to confirm gestational age, and a follow-up visit with a doctor. The bill would also ban mail-order abortion pills.

The bill’s sponsor, Rep. Rachel Keshel, said her main aim is to keep women in Arizona safe.

“Now that the voters did decide that Prop 139 was what they wanted… we have to ensure that women are safe with these things,” she stated. “I’m not trying to stop women from making that decision.”