Posted by AzBlueMeanie:
A 9th Circuit Court of Appeals panel has issued an injunction against implementation of Arizona’s precedent-challenging “fetal pain” abortion ban, that was scheduled to take effect today. Appeals court blocks Arizona's 20-week abortion ban:
With the injunction in place, the restrictions in the Mother's Health and Safety Act (sic) cannot be enforced until the San Francisco-based appeals court hears the case, likely in late October or early November, and issues a ruling. A court decision could take weeks, if not months.
The law, which would make abortions illegal 20 weeks after a woman's last menstruation, is based on the concept of fetal pain. Arizona lawmakers this spring justified the abortion ban by citing evidence that they say proves fetuses feel pain at the 20th week after gestation.
The bill passed with strong Republican support, and Gov. Jan Brewer signed it into law, saying it "recognizes the precious life of the pre-born baby."
But the Center for Reproductive Rights and the American Civil Liberties Union sued on behalf of three abortion doctors in federal court, arguing the law is unconstitutional. The U.S. Supreme Court, they argued, has established that abortions are illegal at the point a fetus becomes viable. That is generally between the 22nd and 24th weeks of pregnancy, according to medical experts and abortion clinics.
On Monday, conservative activist U.S. District Court Judge James Teilborg upheld the law, triggering the request for a preliminary injunction. For those of you unfamiliar with Judge Teilborg, Molly Redden at The New Republic explains in Angry at the Arizona Abortion Ruling? Blame Democrats Too.:
At first blush, the players who facilitated the ruling—the uncompromising, rightwing governor who signed the bill; the ultra-conservative general assembly members who shepherded it to passage; and the recalcitrant judge, who was moved by his personal passions to defy well-established abortion law—exhibit a familiar scenario: Conservative dominance of the courts has, once again, thwarted a cherished Democratic objective.