Howard Fischer
Capitol Media Services
Attorneys for top Republican lawmakers told federal appellate judges Monday they should deny a bid to block enforcement of a ban on abortions due to genetic defects because the doctors who filed suit have not shown there is any “credible threat’’ they would be prosecuted.
The proof cited by an attorney for Senate President Warren Petersen and House Speaker Ben Toma is the decision earlier this year by Gov. Katie Hobbs to strip the state’s 15 county attorneys of their ability to bring criminal charges against doctors for violating any abortion laws and giving that to Attorney General Kris Mayes. More to the point, Denise Harle said Mayes, in turn, has said she won’t prosecute any abortion cases.
But some of the judges of the 9th Circuit Court of Appeals, hearing arguments in Phoenix, appeared unconvinced that the statements of two elected officials about their intent is enough to ensure that doctors are in no danger of winding up in court.
It starts, said Judge Andrew Hurwitz, with the question of whether Hobbs even has the authority to limit what elected county attorneys can do. That has never been litigated.
