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Maricopa County Attorney Rachel Mitchell says she will not prosecute people who have abortions

'This is a highly emotionally charged subject,' Mitchell said
Rachel Mitchell abortion
Posted at 12:39 PM, Sep 27, 2022
and last updated 2022-09-27 22:16:09-04

PHOENIX — Maricopa County Attorney Rachel Mitchell says she will not prosecute those who have abortions following a decision by a Pima County judge that banned abortions in Arizona last week.

“I will not prosecute women for having abortions. No statute even suggests a woman will ever be prosecuted for her decision,” County Attorney Mitchell said in a video statement Tuesday. “Likewise, I will not re-victimize survivors of rape, incest, or molestation.”

Watch the full statement by Mitchell posted on Facebook Tuesday in the player above.

She continued: “I’ve spent my career defending people that have suffered those crimes. False statements being made about the law or about my position in order to sow fear for political gain, are simply irresponsible.”

The county attorney says Friday’s decision about abortion and appeal are not clear on which conflicting statute applies in Arizona. Mitchell says the Maricopa County Attorney’s office has not received a case submittal regarding abortion, but if and when they do, they will seek further guidance from the court before making any actions.

“This is a highly emotionally charged subject,” Mitchell said.

A Pima County judge ruled to lift an injunction on a state territory-era abortion law after the Supreme Court overturned Roe v. Wade earlier this summer. By lifting the injunction, all abortions are banned in Arizona unless the mother's life is in danger. The near-total abortion ban was first enacted decades before Arizona was granted statehood in 1912.

Planned Parenthood has since stopped providing abortion services at all Arizona locations and is seeking an immediate stay after the judge lifted the injunction.

Some like Dr. Gabrielle Goodrick with Camelback Family Planning have posted on their front doors that they are “unable to perform any abortions as they have made it illegal in the state of Arizona.”

Dr. Goodrick is providing care to women to help them find out how far along they are in their pregnancy.

Some women seeking care will now have to travel out of state, “the closest are Coachella, Palm Springs, most patients end up traveling to Los Angeles, San Diego, Las Vegas, Las Cruces,” said Dr. Goodrick.

However, there are concerns for some women seeking transportation, funds, and time off work for the care.

On Monday, Planned Parenthood announced it's seeking an immediate stay out of the Pima County Superior Court, and they have started the appeal process.

For Dr. Goodrick, she said that she is considering a small clinic in Indio, California as well, but she is waiting to see what will happen with the latest court filings.

“We’re preparing and we’ve been planning since June to open a small clinic,” she said.