Thursday, October 28, 2010

Judge Refuses to Block New AZ Abortion Restrictions

From Arizona Right to Life
10/28/10 E-lert

Late Wednesday a Maricopa County Superior Court judge ruled in favor of allowing abortion restrictions to take effect Nov. 1st.

Donald Daughton, the Maricopa County judge, ruled that Planned Parenthood waited too long to seek an injunction from a new law that will prohibit anyone other than a doctor from performing various medical procedures before and after an abortion.

The state approved these new rules in April, but Planned Parenthood did not seek the injunction until October 14th, only a few weeks before the November 1st enactment date.

This current legal battle is an extension of another court ruling given last year where Daughton ruled in favor of halting a law requiring that only a doctor could perform an abortion. Daughton found in that case that there were sufficient legal questions to warrant a trial and put a hold on enacting the legislation until a judge could issue a decision on its legality. That case is still pending.

Assistant Attorney General Carrie Brennan, defending the State of Arizona in this case, chose not to challenge the merits of the claim, but simply stated that Planned Parenthood waited too long to seek the injunction.

Several important changes will go into effect as a result of this ruling they include:

1. A doctor must estimate the gestational age of the pre-born baby

2. A doctor must perform a physical examination on the woman to determine if she is fit enough for surgery

3. A doctor is the only one who can perform the surgery

4. A doctor with admitting privileges at an accredited hospital must be present at the hospital in case of emergency.

5. A doctor must remain on the premises until all patients are stable and ready to be discharged.

To read the full statute that will go into effect November 1st Click Here

To read Judge Daughton's statement denying Planned Parenthood's motion to halt these common sense practices Click Here.

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