For Star subscribers: In a reversal, a federal judge rules women in Arizona no longer have the legal right to an abortion due to a fetal abnormality at any stage of pregnancy.
Howard Fischer Capitol Media Services PHOENIX — Women in Arizona no longer have the legal right to an abortion due to a fetal abnormality at any stage of pregnancy, even if Arizona courts eventually conclude any abortion is legal through 15 weeks.
But Rayes now says his ruling was based on the 1973 U.S. Supreme Court decision in Roe v. Wade. It said women have a constitutional right to terminate a pregnancy for any reason, or no reason, prior to the point of fetal viability. That's because the law prohibits the procedures when the doctor knows that the"sole reason'' a woman wants to terminate her pregnancy is because of a fetal genetic defect.
"At what point can a doctor be deemed to 'know' or 'believe' what is in the mind of a patient?'' Rayes wrote. Rayes said lawsuits to enjoin a law from being enforced can be mounted if a vague law results in someone being"chilled from engaging in a constitutionally protected activity.
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