The Arizona Center for Policy (CAP) shared Wednesday that it has entered the legal battle surrounding Arizona’s territorial-era limitations on abortions with an amicus brief to the state Supreme Court.
“State lawmakers kept the state’s pre-Roe law on the books as they passed dozens of laws protecting life while Roe forbade them from going further,” said CAP President Cathi Herrod. “Allowing the lower court ruling to stand threatens thousands of lives a year, as well as the integrity of the judiciary, and the Legislature’s power to govern.”
The Center for Arizona Policy (CAP) is urging Governor Katie Hobbs to sign Senate Bill (SB) 1600, sponsored by Senator Janae Shamp (R-Surprise), which aims to protect all children born alive.
“Withholding reasonable care to a living newborn just because doctors don’t expect her to live long is, indeed, heartless and cruel. @GovernorHobbs can prevent this evil by signing SB 1600,” CAP tweeted.
Center for Arizona Policy (CAP) released a statement Monday from President Cathi Herrod, who praised the work of State Sen. Janae Shamp (R-Surprise) for sponsoring the “born alive” bill, which protects all babies born alive in the state.
“The Senate’s passage of SB 1600 along party lines tells you everything you need to know about which lawmakers refuse to draw the line before infanticide. The bill ends the inhumane practice known as “slow code,” in which healthcare professionals withhold medical care to babies not expected to live long in order to hasten their death,” Herrod said. “I am grateful for Senator Shamp’s courage in sponsoring this important bill.”
Arizona Center for Policy President Cathi Herrod, Esq., stated that the Friday ruling from the Arizona Court of Appeals “harmonizing” Arizona’s abortion laws to allow physicians to perform abortions up to 15 weeks in pregnancy is not the end for Arizona’s territorial-era ban on the practice.
“The fight to protect unborn life and women from the harms of abortion does not end with an Arizona Court of Appeals ruling. The three-judge panel’s decision today only temporarily blocks Arizona’s abortion law, which was in place in 1973 when Roe was wrongly decided,” said Herrod. “I am confident Arizona’s pre-Roe law limiting abortion to cases where the mother’s life is at risk will be upheld by Arizona’s Supreme Court.”
After the U.S. Supreme Court reversed Roe v. Wade, Arizona Attorney General Mark Brnovich declared that Arizona’s old law banning almost all abortions was back in effect. Some abortion doctors and clinics have been finding ways around it, even though legal challenges successfully got an injunction put in place temporarily halting the 1901 law last Friday. Arizona’s new law banning abortions after 16 weeks, which went into effect this month, has survived requests for injunctions.
Cathi Herrod, the president of the Center for Arizona Policy, posted a statement on the local conservative tipsheet Republican Briefs about what has been reported occurring. “At least one Arizona abortion ‘clinic’ is now reportedly giving pregnant women ultrasounds to determine gestational age, then facilitating a telehealth appointment with a California doctor, who then sends the abortion pills to a post office in a California/Arizona border town to be picked up by the expectant woman,” she said. “Another abortion ‘clinic’ reportedly has been referring women to a doctor in another country with the abortion pills then being mailed to an Arizona woman from India. Still, others are raising funds to pay for women to travel to other states for abortions. One abortionist sends women to his facility in Las Vegas for abortions.”
Rick Murphy, who represented the areas around Glendale and Peoria in the Arizona Legislature from 2005 to 2014, passed away Thursday, leaving behind his wife, Penny Murphy, their five children, and many foster children. Born with hemophilia, he received a tainted blood transfusion as a child that led to hepatitis and finally liver disease, which ultimately took his life at age 50.
His widow, Penny Murphy, who was married to him for 22 years, told The Arizona Sun Times, “He was so deeply loved by his family and friends. He was a loving husband and father. He cared deeply for all of us. Shortly before he got so bad, he insisted on a quick trip to the beach with just the two of us, and I believe that was his way of saying he knew the end was near. There is so much I could say about him but there are not enough words to say how much I loved him. A part of me died with him that day. He will forever be in my heart.”
The U.S. Supreme Court appears very likely to uphold Missouri’s 15-week abortion ban, which will gut a significant portion of Roe v. Wade, leaving much of abortion regulation to the individual states. Roe v. Wade prohibited the states from restricting abortion before fetal viability, around 23 weeks. If the Supreme Court rules for Mississippi in Dobbs v. Jackson Women’s Health Organization, it is expected that 26 states will then start restricting abortion as early as 15 weeks, including Arizona, which already has an old law on the books.
When Arizona was a territory, a law was passed in 1901 banning abortion. A.R.S. 13-3603 punishes the facilitation of an abortion with two to five years in prison. A woman who attempts to obtain one, whether successful or not, unless necessary to save her life, was penalized by one to five years in prison. That law was repealed this year by the Arizona Legislature.
With the U.S. Supreme Court refusing to block a Texas law banning abortions at six weeks when fetal heartbeats begin, Arizona’s Republican-dominated legislature is expected to enact a similar law. Until now, federal courts had struck down several laws regulating abortion enacted in Arizona. The unusual nature of the Texas law — allowing citizens to sue in order to enforce it instead of the state — is why a 5-4 majority on SCOTUS allowed the significant intrusion into Roe v. Wade.
Cathi Herrod, president of the conservative Center for Arizona Policy and a key architect of pro-life bills in the Arizona Legislature, said Arizona should copy the successful legislation in order to avoid being struck down. “The Texas heartbeat law is a road map to what other states can do,” she told Capitol Media Services. “The Texas heartbeat law is worthy of serious consideration by the Arizona Legislature.”