December 31, 2021

Arizona Defends Law Banning Discriminatory Abortions

Arizona Attorney General Mark Brnovich filed a brief with the Supreme Court on Dec 14 asking the Court to allow a pro-life anti-discrimination law to stand. The law prohibits discriminatory abortions that are decided solely due to an unborn child's race, sex, or diagnosis with a genetic abnormality.

At the same time, 23 pro-abortion attorneys general from other states have filed a brief with the Ninth Circuit Court of Appeals, asking the court to uphold its injunction preventing the law's enforcement.

California Attorney General Ray Bonta filed the brief to the Ninth Circuit. “The decision to terminate a pregnancy before viability is a personal choice and is protected under the law,” Bonta wrote in a press release. “Unconstitutional laws like Arizona’s reason ban have the potential to impact millions of Americans, including Californians who choose to visit, work, or go to school in the state. Using the law to take away a constitutional right from people who are already making a tremendously complex choice cannot stand. My office has and will continue to oppose this ban and others like it.”

The antidiscrimination law was set to go into effect on Sept 29, but it was blocked by the courts following a lawsuit by the Center for Reproductive Rights and (ironically) the American Civil Liberties Union.

Appeals courts across the country have taken different stances on the constitutionality of laws banning discriminatory abortions. The Supreme Court takes this into account when deciding which cases they should take up.

In his brief to the Supreme Court, Brnovich wrote, “This court has never otherwise recognized the purported right at issue — a right to race-, sex-, or genetic-selective abortions. The right to perform an abortion based solely on the results of genetic testing is novel, with no basis in the Constitution’s text or the nation’s history and traditions.”