Jan 13, 2014
"The justices on Monday declined to reconsider a lower court ruling that says the law violates a woman's constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb," AP reports.
"Viability" of a fetus is generally considered to start at 24 weeks.
The Arizona abortion ban, signed into law by Governor Jan Brewer in April 2012, outlawed abortions after 20 weeks.
"The Supreme Court soundly declined to review the Ninth Circuit's sound decision that Arizona's abortion ban is clearly unconstitutional under long-standing precedent," said Nancy Northup, President and CEO of the Center for Reproductive Rights, which originally filed the challenge to the law along with the American Civil Liberties Union in 2012. "This ensures that no Arizona women's lives or health are harmed by this callous and unconstitutional law."
"But women should not be forced to run to court, year after year, in state after state, to protect their constitutional rights and access to critical health care," Northup continues. "Our fundamental rights are not up for debate and cannot be legislated away by politicians who are hell bent on restricting access to the full range of reproductive health care."
The case Horne v. Isaacson challenged the ninth U.S. circuit court of appeals ruling that struck down the law saying it was a flat ban that violated a woman's right to "viability." Nine other states have enacted similar bans starting at 20 weeks or even earlier.
"The Court's reaction to the new Arizona abortion case had been eagerly awaited, for two reasons," SCOTUS blogreports. "[I]t was a test of whether the Court would relax its repeated view that states cannot flatly ban abortion in the period before a fetus could live outside the pregnant woman's body, and it was a test of whether the Justices would clear the way for state legislatures to experiment with bans on abortions at increasingly earlier stages in pregnancy."
"Because the Court chose not to review the case, nothing final can be read into that denial, except perhaps that the Court is not ready to reopen the whole question about the continuing validity of its precedents on women's abortion rights," SCOTUS blog adds.
_____________________
Join Us: News for people demanding a better world
Common Dreams is powered by optimists who believe in the power of informed and engaged citizens to ignite and enact change to make the world a better place. We're hundreds of thousands strong, but every single supporter makes the difference. Your contribution supports this bold media model—free, independent, and dedicated to reporting the facts every day. Stand with us in the fight for economic equality, social justice, human rights, and a more sustainable future. As a people-powered nonprofit news outlet, we cover the issues the corporate media never will. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Lauren McCauley
Lauren McCauley is a former senior editor for Common Dreams covering national and international politics and progressive news. She is now the Editor of Maine Morning Star. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times, and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk, Maine with her husband, two children, a dog, and several chickens.
"The justices on Monday declined to reconsider a lower court ruling that says the law violates a woman's constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb," AP reports.
"Viability" of a fetus is generally considered to start at 24 weeks.
The Arizona abortion ban, signed into law by Governor Jan Brewer in April 2012, outlawed abortions after 20 weeks.
"The Supreme Court soundly declined to review the Ninth Circuit's sound decision that Arizona's abortion ban is clearly unconstitutional under long-standing precedent," said Nancy Northup, President and CEO of the Center for Reproductive Rights, which originally filed the challenge to the law along with the American Civil Liberties Union in 2012. "This ensures that no Arizona women's lives or health are harmed by this callous and unconstitutional law."
"But women should not be forced to run to court, year after year, in state after state, to protect their constitutional rights and access to critical health care," Northup continues. "Our fundamental rights are not up for debate and cannot be legislated away by politicians who are hell bent on restricting access to the full range of reproductive health care."
The case Horne v. Isaacson challenged the ninth U.S. circuit court of appeals ruling that struck down the law saying it was a flat ban that violated a woman's right to "viability." Nine other states have enacted similar bans starting at 20 weeks or even earlier.
"The Court's reaction to the new Arizona abortion case had been eagerly awaited, for two reasons," SCOTUS blogreports. "[I]t was a test of whether the Court would relax its repeated view that states cannot flatly ban abortion in the period before a fetus could live outside the pregnant woman's body, and it was a test of whether the Justices would clear the way for state legislatures to experiment with bans on abortions at increasingly earlier stages in pregnancy."
"Because the Court chose not to review the case, nothing final can be read into that denial, except perhaps that the Court is not ready to reopen the whole question about the continuing validity of its precedents on women's abortion rights," SCOTUS blog adds.
_____________________
Lauren McCauley
Lauren McCauley is a former senior editor for Common Dreams covering national and international politics and progressive news. She is now the Editor of Maine Morning Star. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times, and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk, Maine with her husband, two children, a dog, and several chickens.
"The justices on Monday declined to reconsider a lower court ruling that says the law violates a woman's constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb," AP reports.
"Viability" of a fetus is generally considered to start at 24 weeks.
The Arizona abortion ban, signed into law by Governor Jan Brewer in April 2012, outlawed abortions after 20 weeks.
"The Supreme Court soundly declined to review the Ninth Circuit's sound decision that Arizona's abortion ban is clearly unconstitutional under long-standing precedent," said Nancy Northup, President and CEO of the Center for Reproductive Rights, which originally filed the challenge to the law along with the American Civil Liberties Union in 2012. "This ensures that no Arizona women's lives or health are harmed by this callous and unconstitutional law."
"But women should not be forced to run to court, year after year, in state after state, to protect their constitutional rights and access to critical health care," Northup continues. "Our fundamental rights are not up for debate and cannot be legislated away by politicians who are hell bent on restricting access to the full range of reproductive health care."
The case Horne v. Isaacson challenged the ninth U.S. circuit court of appeals ruling that struck down the law saying it was a flat ban that violated a woman's right to "viability." Nine other states have enacted similar bans starting at 20 weeks or even earlier.
"The Court's reaction to the new Arizona abortion case had been eagerly awaited, for two reasons," SCOTUS blogreports. "[I]t was a test of whether the Court would relax its repeated view that states cannot flatly ban abortion in the period before a fetus could live outside the pregnant woman's body, and it was a test of whether the Justices would clear the way for state legislatures to experiment with bans on abortions at increasingly earlier stages in pregnancy."
"Because the Court chose not to review the case, nothing final can be read into that denial, except perhaps that the Court is not ready to reopen the whole question about the continuing validity of its precedents on women's abortion rights," SCOTUS blog adds.
_____________________
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.