Maricopa County attorney says pre-statehood abortion law is enforceable
While state prosecutors are still navigating the legal landscape after the overturning of Roe v. Wade, Maricopa County Attorney Rachel Mitchell believes a pre-statehood law can be enforced.
That law bans all abortions, except to save the life of the mother. It does not allow for exceptions in cases of rape and Incest. However, Mitchell said she is not in the business of re-victimizing victims.
"What I’m saying is I'm going to look at each situation. And since the charging standard is a reasonable likelihood of conviction, I have to look at what a jury is likely to do and what the sentiment might be with that jury," Mitchell said.
Arizona has a new law that bans abortions after 15 weeks, with similar exceptions as the 1901 law. That goes into effect in September.