PHOENIX — The U.S Secretary of Health and Human Services met with abortion providers in Arizona on Thursday, the eve of a court hearing on abortion rights.
Secretary Xavier Becerra answered questions from providers while promising support from the administration, although that support would be limited in scope.
A hearing in Pima County Superior court on Friday will try to decide if a territorial era abortion ban is law once again.
“What’s at stake is some access to abortion rights and zero action to abortion rights," said Brittany Fonteno, Arizona Planned Parenthood CEO.
Two laws are at the center of the debate.
First, a 15-week abortion ban was signed by Gov, Doug Ducey this spring.
Second, the territorial-era law which bans all abortions except to save a mother’s life. The territorial era law has been on hold because of an injunction after the Roe v Wade ruling.
“When there are different laws, the laws need to be harmonized." Fonteno said, “Once you do that, you will see that it is lawful for physicians to perform abortions.”
However, opponents do not believe the laws conflict.
The 15-week ban specifically lays out it does not repeal the territorial era law.
“It just overlaps with the previous law,” said Kevin Theriot, Senior Counsel with the Alliance for Defending Freedom.
With Roe overturned, Theriot believes the original injunction preventing the territorial law from going into effect should go as well.
"It’s clearly the intent of Arizona to restrict abortion as much as possible." Theriot said, "And the only reason you had any of these halfways measures is because of Roe v Wade. Now that roe is out of the way, the law that was originally intended and upheld by the court of appeals will go into effect."
Secretary Becerra told providers the administration was supportive of their cause. However, Becerra admitted they would not be able to prevent the territorial era law from going into effect.
"We understand how important it is to have faith in the rule of law," Becerra said, "Even if we are told that the law has changed in a way that is discriminatory."
Up to Speed
Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.