Arizona GOP Gov. Doug Ducey says abortion law in state will come down to courts

PHOENIX — Republican Arizona Gov. Doug Ducey expects the prevailing law on abortion in the state to be determined through the courts.

“There’s a reason we’ve been arguing about the same single issue for half a century … because it wasn’t supposed to be decided at the judicial level,” Ducey told KTAR News 92.3 FM’s The Mike Broomhead Show on Wednesday.

“It’s going to be decided at the state level. There’s going to be a challenge.”

Some confusion over the law of the land in Arizona has been present since the Supreme Court overturned Roe v. Wade on June 24, leaving the states to decide on abortion rights.

Attorney General Mark Brnovich, also a Republican, released an opinion less than a week later saying a pre-statehood abortion ban that only allows the procedure when it saves the mother’s life takes precedence over a law passed this year.

The bill Ducey signed in March would make it a crime for a doctor to perform an abortion after 15 weeks, with exceptions for the health of the mother.

That law can’t go into effect until 90 days after the legislative session ended on June 25.

Only the doctor, not the mother, could be prosecuted under either law.

“The courts will rule on whether it’s the 1901 law or the law that was signed in this past session,” Ducey said. “But there’s still more to do on on this issue.”

Abortion providers across Arizona halted the procedure after the Supreme Court reversed Roe v. Wade.

A ballot initiative to amend Arizona’s constitution to guarantee abortion rights has until Thursday to turn in 356,467 valid signatures to make it on the November ballot.

“Whether people are pro-life or on the other side of this issue, they need to stay engaged because that’s going to determine where Arizona is,” Ducey said.

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