Howard Fischer
Capitol Media Services/
A federal appeals court gave the go-ahead Monday for Arizona doctors to challenge a state law banning abortions sought because of fetal genetic defects.
In a 23-page ruling the three-judge panel of the 9th Circuit Court of Appeals said the doctors have legal standing because there is a “credible threat” they could end up being prosecuted for violating the 2021 law which they contend is unconstitutionally vague.
Judge Ronald Gould acknowledged that Attorney General Kris Mayes has said she does not intend to enforce this — or, for that matter, pretty much any — abortion restriction.
He said, though, there is at least one county attorney who has said he intends to enforce “restrictive abortion laws.” And this measure makes it a Class 6 felony, with a one-year prison term, to terminate a pregnancy if the woman is seeking the procedure solely because of a fetal genetic defect.
But Gould noted that’s not the only threat to doctors.
It also allows the father of an unborn child who is married to the mother to file a civil suit against them on behalf of that child for violations of the law, even if the mother gave the go-ahead. A similar right exists for a parent in the case of an unmarried mother.
He said the law allows state regulatory agencies to revoke a doctor’s license.
And the court also said the doctors already are suffering economic loses because they have to comply with the laws which forbid them from providing the medical services they would otherwise offer.
Monday’s ruling does not resolve the issue of whether the law itself is constitutional. In fact, the court said it was not expressing any opinion on the merits of the claims.
