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· 12/30/2022

Planned Parenthood Arizona, Inc. v. Mark Brnovich

Syllabus

1. In vacating the injunction barring enforcement of A.R.S. § 13-3603 in light of Dobbs v. Jackson Women's Health Organization, ___ U.S. ___, 142 S. Ct. 2228 (2022), did the trial court err by refusing to determine whether that statute conflicts with other Arizona statutes defining criminal liability for providing certain abortion-related services? 2. If the court so erred, can § 13-3603 be reconciled with more recent statutes in Title 36, such that a licensed physician who performs an elective abortion in conformity with Title 36 is not subject to prosecution under § 13-3603?

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