The ACLU's challenge of an Arizona law that would grant a fetus "personhood" will be challenged in federal court on Friday, reports Newsweek.
The provision, included in a 2021 state law and triggered once the Supreme Court overturned the landmark Roe v. Wade decision two weeks ago, seeks to give constitutional rights to the unborn in the state
The policy states: "The laws of this State shall be interpreted and construed to acknowledge, on behalf of an unborn child at every stage of development, all rights, privileges and immunities available to other persons, citizens and residents of this state, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court."
Another provision of the law makes abortion illegal even if a patient is seeking one based on the condition of the fetus, including Down Syndrome, cystic fibrosis and other conditions, but a federal district judge in September 2021 agreed to block that section of the law. An injunction request against the personhood provision was declined.
The ACLU said vague definitions may result in accidental prosecution of their clients, Dr. Reuss and Dr. Isaacson. Both have halted abortion services until clarification is given.
"Ample evidence shows that the Interpretation Policy should be struck down as unconstitutionally vague as applied to abortion. While the Interpretation Policy mandates that hundreds of civil and criminal provisions be 'interpreted and construed' to 'acknowledge' the rights of fertilized eggs, embryos, and fetuses at any stage of development, it provides no guidance on what that means in the abortion context," the Arizona ACLU said.
Arizona Republicans control both legislative chambers and regularly pass abortion restrictions, reports ABC News. Gov. Doug Ducey, also a Republican and abortion opponent, has quickly signed those laws.
The Arizona Legislature in March passed a 15-week abortion ban mirroring the Mississippi law contested before the Supreme Court.
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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