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9CA Rejects Anti-Choice Junk Science

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A federal appellate panel struck down Arizona’s abortion law on Tuesday, saying it was unconstitutional “under a long line of invariant Supreme Court precedents” that guarantee a woman’s right to end a pregnancy any time before a fetus is deemed viable outside her womb — generally at 24 weeks.

The law, enacted in April 2012 despite vociferous protest by women’s and civil rights groups, made abortions illegal if performed 20 weeks after a woman’s last menstrual period, or roughly 18 weeks after fertilization, even if the woman learned that the fetus had no chance of surviving after birth. At 18 weeks, many fetal abnormalities can be detected through sonograms.

In its opinion, the panel of three judges assigned to the United States Court of Appeals for the Ninth Circuit in San Francisco wrote that a fetus’s viability “varies from pregnancy to pregnancy,” which should be determined by doctors, not legislators.

“While the state may regulate the model and manner of abortion prior to fetal viability, it may not proscribe a woman from electing abortion, nor may it impose an undue burden on her choice through regulation,” wrote Judge Marsha S. Berzon, the opinion’s author.

Whether the Supreme Court will reject this “fetal pain” nonsense is another question, but at least the law will be void if they decide not to hear the appeal. The opinion, which thoroughly dismantles the District Court’s holding that the ban was a “regulation” that was therefore permissible under Casey, is worth reading.

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