Court Strikes Down Arizona 20-Week Abortion Ban
A federal court Tuesday struck down Arizona’s ban on abortions after 20 weeks of pregnancy absent a medical emergency.
The 9th U.S. Circuit Court of Appeals said the law violated a woman’s constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb. “Viability” of a fetus is generally considered to start at 24 weeks. Normal pregnancies run about 40 weeks.
Nine other states have enacted similar bans starting at 20 weeks or even earlier. Several of those bans had previously been placed on hold or struck down by other courts.
Judge Marsha Berzon, writing for the unanimous three-judge panel on the San Francisco-based court, said such bans before viability violate a long string of U.S. Supreme Court rulings starting with the seminal Roe v. Wade decision in 1973.
The judge wrote that “a woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable.”