Brnovich Argued In Support Of A Law Which Would Allow Abortion Providers To Tell Women They Are Not Allowed To Have An Abortion If The Reason Is Because Of A Genetic Fetal Defect, Even If It Is Prior To Viability. According to the Arizona Daily Star, “Arizona is free to tell women they can’t have an abortion if the reason is because of genetic fetal defect, even if it is prior to viability, the state’s top prosecutor is arguing. In a new court filing, Attorney General Mark Brnovich acknowledges that SB 1457, approved earlier this year by the Republican-controlled Legislature, would block some women from getting an abortion in Arizona even before a fetus is able to live outside the womb. That viability standard has been the constitutional touchstone for more than 40 years in determining whether the state can interfere with what the Supreme Court has held is a woman’s right to terminate a pregnancy. Under the law, set to take effect Sept. 29, medical professionals in violation could be sentenced to up to a year in prison, though women who undergo these procedures are exempt from criminal prosecution.” [Arizona Daily Star, 9/11/21]
Brnovich Defended Arizona’s Restrictive Abortion Law On The Grounds That It Protects Against Discrimination Based On Genetic Conditions. According to the Arizona Republic, “Groups seeking to overturn part of Arizona's newest law restricting abortion took their case before a federal judge on Wednesday, just one week before doctors who perform the procedure could face criminal penalties including prison time in certain circumstances. […] Defending the law is Arizona Attorney General Mark Brnovich, who says it should stand because it protects against discrimination based on genetic conditions, in the same light as a 2011 Arizona law that prohibits parents from seeking abortions based on gender or race. The state argued women can still obtain abortions as long as they don't say their sole reason for doing so is a genetic abnormality.” [Arizona Republic, 9/22/21]
Brnovich Sought To Enforce A Law Prohibiting Abortions On Fetuses With Genetic Defects Despite A Federal Court Ruling That Found The Law Unconstitutional. According to the Arizona Daily Star, “Attorney General Mark Brnovich wants a judge to let him start enforcing a law prohibiting certain abortions despite a federal court ruling that found it unconstitutional. In new legal filings, Brnovich contends U.S. District Court Judge Douglas Rayes misinterpreted the law when he barred the state last month from making criminals out of doctors who perform abortions knowing the woman’s reason is a genetic fetal defect.” [Arizona Daily Star, 10/6/21]
Brnovich Argued That There Is No U.S. Supreme Court Precedent Which Guarantees That A Woman Has A Right To Terminate A Pregnancy For Any Reason, Even Before A Fetus Is Viable. According to the Arizona Daily Star, “The law would make it a felony to perform such abortions, punishable by a year in state prison. Brnovich argues that nothing in U.S. Supreme Court precedent, going back to the historic 1973 ruling of Roe v. Wade, guarantees a woman has a right to terminate a pregnancy for any reason, even before a fetus is viable.” [Arizona Daily Star, 10/6/21]
Federal Judge Rejected Brnovich’s Bid To Start Enforcing New Abortion Restrictions Despite His Order Concluding They Are Likely Unconstitutional. According to the Arizona Daily Star, “A federal judge rejected Arizona’s bid to start enforcing new abortion restrictions despite his order concluding they are likely unconstitutional. U.S. District Judge Douglas Rayes said Tuesday that the attorney general misread his Sept. 28 order telling the state it cannot make felons out of doctors who perform abortions due to a genetic fetal defect. Attorney General Mark Brnovich is emphasizing Rayes’ findings that, strictly speaking, a woman possibly could still find a doctor to perform the abortion, the judge wrote. But Rayes said Brnovich is ignoring the rest of the order, in which he found the law ‘likely would make it substantially more difficult for women seeking to terminate their pre-viability pregnancies because of a genetic fetal abnormality to receive constitutionally protected care.’ The judge also said Brnovich is misstating the law about when a judge should stay his own order and allow a law he has found unconstitutional to take effect.” [Arizona Daily Star, 10/20/21]