[/QUOTE]No, it isn't clear at all, again the point I made before is you'd have to assume that state legislatures take no action to resolve the anomaly here of legally allowing for a 15-week limit and exempting mothers while also having on the books a law that could make doctors criminally liable.
It might result in that but that isn't clear, especially when state legislators and the governors have made comments about holding sessions on this... ergo the assumption of do nothing seems suspect:
Arizona anti-abortion laws, including from Territorial days, that could return if Roe v. Wade is reversed
Arizona's strictest anti-abortion laws, both old and new, are blocked by Roe. The oldest, from 1901,\u00a0requires prison time for abortion providers.eu.azcentral.com
They don't need to resolve the anomaly. 13-3603 exists. It is already there. The fact that a crime may be prosecutable under separate laws doesn't negate one of them. Once Roe v Wade is gone state prosecutors would have the option to use 13-3603.
So the conclusion of Roe v. Wade being overturned is that the legislature would do nothing and allow a total ban to slip into place as the status quo seems flawed. They're clearly going to take the opportunity to legislate on this.
Firstly the democrats would clearly be opposed to a total ban and secondly, you've got republicans like the representative quoted above arguing for a 15-week limit. The house is currently 31 Republicans and 29 Democrats, the state senate is 16 Republicans and 14 Democrats...
The simple fact is the state legislature knows 13-3603 exists. They specifically chose not to override it with the new 15 week law. They could easily have done so.