In a 70-page document, Arizona Attorney General Mark Brnovich argues that there is no constitutional conflict by having two different laws on the books that prohibit abortion procedures. He says that’s because prosecutors can choose which, if any, they have jurisdiction over.
A law dating back to 1864 prohibits most abortions except to save the mother’s life, and another law passed this year prohibits doctors from performing abortions in after 15 weeks and some exceptions.
Brnovich’s claim that there was no legal problem with following the two statutes when the federal Court of Appeals ruled that the trial judge should have been consolidated.
Attorneys for Planned Parenthood Arizona argue that they can be unified by reading the new law that applies to doctors, but the district applies to non-medical professionals.
When the legislature created the new law, it included language to keep the zoning law in place.
The appeals court will hear arguments at the end of the month.