New York Times Editorial: Supreme Court Made 'Good Call' on Abortion Ban

January 14, 2014 — "The Supreme Court made a good call, announced on Monday, not to review a 2013 ruling by the United States Court of Appeals for the Ninth Circuit, which struck down Arizona's 20-week abortion ban [HB 2036] as unconstitutional," a New York Times editorial states.

The 9th Circuit's "decision was wholly consistent with 40 years of legal precedent -- established since Roe v. Wade in 1973 -- that prohibits states from banning abortions before a fetus can survive outside the womb, which occurs at about 24 weeks after fertilization," the editorial continues, noting that Arizona is one of 12 states that have passed similar bans based on the "faulty theory" that a fetus can feel pain around 20 weeks of development.

However, the editorial notes that while the ruling "is undeniably welcome, it did not signal where the Supreme Court's current members are heading on reproductive rights or whether a majority of justices will protect women's childbearing decisions against an onslaught of harsh new state restrictions," including a Texas antiabortion-rights law (HB 2) law that they previously declined to block while a legal challenge continues in a lower court (New York Times, 1/13).