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Lawsuit Filed To Strike Arizona 20 Week Abortion Ban

Lawsuit Filed To Strike Arizona 20 Week Abortion Ban

The Center for Reproductive Rights and the American Civil Liberties Union filed suit to strike Arizona’s 20-week gestation abortion ban, describing the law as “flatly unconstitutional.

The measure, which was signed into law by Governor Jan Brewer on April 12 and is scheduled to go into effect August 2, makes zero exceptions for a pregnant woman’s life or health unless she is experiencing a dire and possibly life-threatening emergency. “We have taken action today to stop a law whose hostility toward women’s health and fundamental rights is so extreme that it will risk their very lives,” said Nancy Northup, president and CEO at the Center for Reproductive Rights. “This law in Arizona displays a callous disregard for the complicated and very difficult circumstances many pregnant women face—and yet proponents of the law have the audacity to claim that it is designed to protect women.”

“Just this week, we are fighting in two federal courts in Arizona and Mississippi to block extremely hostile anti-choice laws from going into effect and placing women’s lives at risk. But women should not have to be in court every week, in every state, simply to defend their fundamental constitutional rights. With this lawsuit, we are fighting to ensure that politicians cannot deprive women of their right to make these deeply personal choices on their own, and without government interference.”

The U.S. Supreme Court has consistently held that states cannot ban abortion before viability. The Court has also found that any restrictions on abortion must include an exception for when an abortion is “necessary, in appropriate medical judgment, for the preservation of the life or health” of a woman.

The law, which would be clearly unconstitutional even with a broad health exception, only permits a woman to obtain an abortion after 20 weeks LMP if she is experiencing a medical emergency, narrowly defined as a “condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.”

This narrow exception would have severe consequences for women’s health, and could lead to women being denied critical treatment or forced to dangerously delay medical care. For example, a pregnant woman with a condition that may lead to serious infection could be forced to wait until her condition is clearly dangerous and severely threatens her fertility in the future. Similarly, some women at risk of grave complications will be forced to decide whether to proceed with their pregnancies in the dark, before they have all the information they need to arrive at their choices—all because they are facing the arbitrary cutoff for termination imposed by the law.

The Arizona law also imposes criminal and civil penalties on physicians found to violate the law, including jail time, civil liability, and revocation of their medical licenses.

“When state legislatures attempt to practice medicine, they get it wrong and women pay the price,” said Janet Crepps, senior staff attorney at the Center. “By imposing criminal penalties, coupled with extremely narrow health exceptions, this law requires physicians to endanger the lives and health of their patients.”

Arizona Republicans have to know these bans interfere with the practice of medicine and what is considered the standard of care because they also passed a bill that shields doctors from malpractice claims for negligent care that is designed to prevent a woman from having an abortion, including misstatements about the pregnancy and developing fetus. Put these two bills together and Arizona just took away the ability of women and families to make an informed medical decision about terminating a fatal pregnancy.

Related Stories:

Arizona Takes Up Another Abortion Ban

Arizona Wants To Protect Doctors Who Lie To Women

On The Pill? Arizona GOP Think That Should Cost You Your Job

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Photo from dctim1 via flickr.

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118 comments

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11:46PM PDT on Apr 18, 2013

Thank you.

11:45PM PDT on Apr 18, 2013

Thank you.

11:44PM PDT on Apr 18, 2013

Thank you.

11:43PM PDT on Apr 18, 2013

Thank you.

11:42PM PDT on Apr 18, 2013

Thank you.

9:41AM PDT on Jul 17, 2012

Michael T says: "First of all it isn’t a baby. Secondly, when you run some electricity through a grouping of cells in a petrie dish you can also measure it. Doesn’t make it a consciousness or even sentience. I know this is moving into territory you cannot comprehend."

I don't think that electricity running through anything be it a petrie dish or a bowl of salt water, is considered "brain waves". Electrical current or magnetic fields, maybe, but not brainwaves. And if SOME people can receive a jail sentence for harming it, then I would assume that it must be considered something of worth other than undifferentiated tissue.

Scientists cannot even adequately define consciousness so I don't think that I am the only one that cannot comprehend it and you are simply having delusions of grandeur to thing that YOU CAN.

Defining consciousness
"The evolution of the capacity to simulate seems to have culminated in subjective consciousness. Why this should have happened is, to me, the most profound mystery facing modern biology" Richard Dawkins, The Selfish Gene. Since 1976, it has remained so.
In 2004, eight neuroscientists felt it was too soon for a definition. They wrote an apology in "Human Brain Function":[74]
"We have no idea how consciousness emerges from the physical activity of the brain and we do not know whether consciousness can emerge from non-biological systems, such as computers... At this point the reader will expect to find a careful and precise defi

8:41AM PDT on Jul 17, 2012

Here's one for you:
Shuai Rejects Plea Deal In Indiana Feticide Prosecution

A Chinese immigrant who is being prosecuted under the state’s feticide and homicide laws after she ate rat poison in a suicide attempt when she was eight months pregnant on Friday rejected a plea deal with prosecutors that would have negated a murder charge in the death of her fetus.

Bei Bei Shuai is currently out on bond after serving more than a year in jail. She turned down prosecutors’ offer to drop a murder charge if she pleads guilty to a lesser charge of attempted feticide. If she had accepted the deal Shuai would have faced six to 20 years in prison with the possibility of a suspended sentence."Read more: http://www.care2.com/causes/shuai-rejects-plea-deal-in-indiana-feticide-prosecution.html#ixzz20tWebrZp

Now how is this any different from abortion? Only this was sort of unintentional because the woman was only trying to kill herself and didn't stop to think about the fetus. How could she be jailed for murder if the victim is just a mass of tissue and unable to survive outside the womb?

8:28AM PDT on Jul 17, 2012

Michael T says: "That's an outright lie Robert. I didn't imply anything of the sort.

I didn't say that you made an outright statement, I said that you implied. What do you call this?


2:43pm PDT on Jul 16, 2012
Now here’s the next science lesson. Heart beats in brain dead people don’t keep surgical teams from harvesting their organs. The heart, in many cases continues to beat long after removal from the body. I know this is difficult for you to follow. So take as much time as you need.

Again, more condescension. The implication was that once the brainwaves stop, the doctors just automatically begin harvest and that simply isn't true; not without prior permission by the patient or post permission by the family. Your whole intent was to show that once brainwaves stop, we can do as we please. But you see brainwaves are active in a 2 month old fetus; it's not just a beating heart in a mass of plasma as some of the refined ladies on here would imply.

"In light of this, you might be fairly surprised to learn that a baby’s brain waves are actually detectable as early as 6 weeks after conception [1].In week 7, the first fully developed neurons appear on the top of the spinal cord – this area of the brain helps regulate “breathing, the heartbeat, and blood pressure” [2]."Read more: Brain Waves Detectable As Early As 6 Weeks After Conception - Abortion Facts http://www.whyprolife.com/pro-choice-what-are-you-thinking/#ixzz20tU5P9Ds

So if i

7:43AM PDT on Jul 17, 2012

Pam says: "Nobody will keep me alive without my wishes."

That is TRUE. That's what we call a living will or a DNR or "do not resuscitate" and if you have that, once you expire, NATURALLY and with your permission, doctors may harvest your organs. Michael T was implying that doctors could just numb you, hasten your death and begin harvesting organs BEFORE you died and without any permission.

7:33AM PDT on Jul 17, 2012

Michael T, Pam and Beth, why are you all so condescending? No one on here intimates that you are mentally disturbed or not taking your medications or just plain dumb. Yet that's what you say about ANYONE who is Pro-Life. You just insult and try to intimidate them. I think for you guys, it's simply all about politics and not about the right to life at all. If the Democratic Party were Pro-Life, you'd be on the bandwagon then.

I think that if the Democratic National Committee told you to snuff your parents to save the economy, you would not hesitate to do so. Well thank goodness that I was NOT brainwashed by a leftist school system and taught to march in step.

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