Arizona judge allows abortion ban before state goes into effect

A Pima County judge ruled Friday that Arizona’s ban on most abortions will go into effect after the U.S. Supreme Court’s ruling that overturned Roe v. Wade.

News leadership: Justice Kelly Johnson ruled that years of later abortion restrictions that were less lenient than the provincial era bans do not repeal it.

  • Attorney General Mark Brnovich urged Johnson to reinstate the law that had been imposed in 1973 in response to Roe.
  • Planned Parenthood in Arizona argued that other, more lenient laws passed since then should go into effect rather than ban pre-Roe.

why does it matter: A law banning all abortions not necessary to save the mother’s life is now in force.

playing condition: This year, lawmakers passed a ban on abortion after 15 weeks of pregnancy, which was supposed to go into effect on Saturday.

Yes, but: The legislation emphasized that it does not repeal the pre-Ro ban.

From the note: Lawmakers in 2021 repealed the part of the law that made it a felony to seek or obtain an abortion, leaving only the part that criminalized people who perform abortions.

what are they saying: Brnovic announced the ruling on Twitter, praising the ruling.

  • “We commend the Court for upholding the will of the legislature and for providing clarity and uniformity on this important issue. I have and will continue to protect Arizona’s most vulnerable population,” chirp.

Planned Parenthood in Arizona He denounced the ruling, which CEO Brittany Fonteno said would “strip Arizonas of their right to live under the rule of law that respects our bodily autonomy and our reproductive decisions.”

  • “Today’s ruling by the Pima County Superior Court has the practical and unfortunate consequence of setting the people of Arizona back nearly 150 years,” Fonteno said. “No ancient law should dictate our reproductive freedom and how we live our lives today.”

while: CJ Karamargin, a spokesman for Governor Doug Ducey, insisted that the 15-week ban he signed into law earlier this year will remain the law of the land when the new legislation takes effect on Saturday.

  • “Governor Ducey was proud to sign SB1164, which goes into effect tomorrow. Arizona remains one of the most pro-life states in the country,” Karamargin told Axios.

Yes, but: In her ruling, the judge explicitly wrote that it would be inappropriate to “harmonize laws that do not exist” at the time of the original injunction.

  • Johnson noted that the legislature has repeatedly asserted that the abortion laws enacted after Rowe did not establish a right to abortion in Arizona.

  • She noted that the language in the 15-week ban explicitly states that the law did not overturn the previous ban on Roe.
  • Cathy Herod, president of the Arizona Policy Center, who has called for the 15-week ban, wrote on Twitter That abortion law is now back in place on Rowe since 1973 – illegal except when needed to save the mother’s life.

Reality check: Andrew Feldman, a spokesperson for Planned Parenthood in Arizona, said all abortion services in the state will be paused immediately, and will not have abortions within 15 weeks.

  • Planned Parenthood attorneys in Arizona are assessing how the pre-Ro ban, the 15-week ban and other abortion laws interact with one another in the wake of the injunction being lifted.
  • Fonteno said the judge’s decision to rescind the injunction without explaining how other abortion restrictions would interact with the regional era ban “created chaos and confusion and will deprive thousands of Arizona residents of control over their reproductive lives and their ability to access safe, legal abortion.”

What’s Next: Johnson indicated in her decision that there are likely to be other legal questions left to deal with regarding the state’s future of abortion.

Bottom line: Planned Parenthood did not say whether it would appeal the ruling, but Fonteno indicated that the legal battle is not over, saying in a press release that “this is not the end of the fight.”

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