PHOENIX – The state’s top Republican lawmakers are trying to short-circuit a bid by doctors to void several restrictions the Legislature has adopted on abortion.
Attorney Justin Smith, representing Senate President Warren Petersen and House Speaker Steve Montenegro on Monday urged Maricopa County Superior Court Judge Greg Como to toss the lawsuit challenging three separate restrictions on the procedure.
Smith already has filed legal briefs saying the provisions remain legal despite voters in November enacting a constitutional provision guaranteeing a “fundamental right to abortion.’’
But rather than have to actually defend the laws, he contends the doctors have no legal right to sue because they haven’t shown they are in any danger of being prosecuted if they break them.
Smith pointed