Rogers’ attorney, Dominic Draye/Arizona Supreme Court
By Howard Fischer | Capitol Media Services
A federal judge late Tuesday blocked Arizona from making criminals out of doctors who perform abortions knowing the woman’s reason is based solely a genetic fetal defect.
The law imposes an undue burden on women, Judge Douglas Rayes said in a 30-page ruling. And that outweighs any interest the state claims in promoting the law, Rayes said.
“The mechanism Arizona has chosen is not designed to encourage women to choose childbirth,” the judge wrote, taking a swipe at the state’s claim that it was promoting life. “It is designed to thwart them from making any other choice.”
Tuesday’s order is not the last word. It still gives attorneys for the state a chance to argue, after a full-blown trial, that the measure is constitutional.
