PHOENIX — Attorneys from Planned Parenthood were back in court Wednesday, arguing for abortion rights.
This process now playing out in the Court of Appeals.
There’s currently an emergency stay on what's known as the territorial law, so it is not being enforced. The statute is a nearly all-out ban, with the only exception being if the life of the mother is at risk.
The main debate now is what is the law here in Arizona.
The territorial law, which was put in place before Arizona was even a state, or the 15-week law passed last legislative session.
Attorneys representing Planned Parenthood and Pima County, arguing the statutes need to be harmonized.
“I believe that the legislature has passed a detailed regulatory scheme over the past five decades must be given effect and provide abortions to continue as provided by licensed physicians and the territorial area can apply to the rest of the world that is not operating under that regulatory scheme,” said an attorney for Planned Parenthood Federation of America, Sarah Mac Dougall.
Attorney General Mark Brnovich’s office argues the statutes can coexist and prosecutorial discretion can be used.
”Just because there are multiple aggravating or overlapping for different situations doesn’t give rise to confusion or conflict,” said an attorney with Alliance Defending Freedom, Mark Lippelmann. “You look at all of them together.”
Attorneys for Planned Parenthood leaving the court room told ABC15 they felt that the court seemed to agree that clarity was needed.
Attorneys representing both sides told ABC15 they didn’t know when a decision could come.
The judges adjourned today, only saying they would take this under consideration.
