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AZ attorney general says total abortion ban from 1901 law will be enforced

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Arizona Attorney General Mark Brnovich says a total abortion ban that has been on the books since before statehood can be enforced.

In a tweet Wednesday night, Brnovich said his office “has concluded the Arizona Legislature has made its intentions clear regarding abortion”, and that a law from 1901 “is back in effect and will not be repealed in 90 days.”

The law makes it a crime for anyone to provide an abortion and only allows exceptions to save the pregnant person’s life. There are no exceptions for rape or incest.

Governor Ducey has said previous legislation banning abortions after 15 weeks will go into effect 90 days from the U.S. Supreme Court’s ruling nearly a week ago overturning Roe v. Wade. That puts him at odds with Brnovich’s statement.

The Republican attorney general says his office intends to ask the court to vacate the injunction which prevents enforcement of the 121-year-old ban on abortions.

Brittany Fonteno, president and CEO of Planned Parenthood Arizona, called announcement cruel and callous. In a statement she said Brnovich’s announcement “is a cowardly move by the chief legal officer” of Arizona, and that “no one should be forced to flee their community and cross state lines in secret to access essential health care.”

Brnovich is seeking the Republican nomination for U.S. Senate.