U.S. District Judge David Campbell denied a request to challenge an Arizona law banning abortion based on race or sex, noting that no one has faced a personal injury because of it.
Both the NAACP’s Maricopa County branch and the National Asian Pacific American Women’s Forum argued the law unconstitutionally singles out Asian and black women based on stereotypes – that is, that Asian women are more likely to abort girls for boys, and that black women are more likely to be talked into terminating a pregnancy.
However, the ruling does not mean the law is constitutional. That question will remain unanswered until a woman who is denied an abortion under the law is harmed because of it and challenges the ban.
Dan Pochoda, legal director of the American Civil Liberties Union of Arizona, said the organization is currently attempting to put an end to the law.
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Casey Mattox, the senior counsel of anti-abortion group Alliance Defending Freedom, considered Thursday’s ruling a victory.
“There is nothing medically necessary or constitutionally protected about an abortion that is committed on the basis of sex or race,” he said.
He agreed that Roe v. Wade allows absolute license to abort a fetus, but does not consider the case to allow for discriminatory abortions.