AP

Arizona judge won’t suspend ruling that halted all abortions

Sep 30, 2022, 5:34 PM | Updated: Oct 3, 2022, 8:51 pm

PHOENIX (AP) — An Arizona judge on Friday declined to put her order that allowed enforcement of a pre-statehood law making it a crime to provide an abortion on hold, saying abortion rights groups that asked her to block the order are not likely to prevail on appeal.

The ruling from Pima County Superior Court Judge Kellie Johnson means the state’s abortion providers will not be able to restart procedures. Abortions were halted on Sept. 23 when Johnson ruled that a 1973 injunction must be lifted so that the Civil War-era law could be enforced.

Republican Attorney General Mark Brnovich sought the order lifting the injunction. Attorneys with his office told the judge that, since the U.S. Supreme Court’s June 24 decision said women do not have a constitutional right to obtain an abortion, there was no legal reason to block the old law.

Planned Parenthood and its Arizona affiliate had urged Johnson to keep the injunction issued shortly after Roe v. Wade was decided in 1973. They argued that laws enacted by the state Legislature in the ensuing 50 years should take precedence.

Planned Parenthood’s lawyers on Monday asked Johnson to put her ruling on hold to allow an appeal.

Before last Friday’s ruling allowing enforcement of the old law, abortions were legal in Arizona until the fetus was viable, usually at about 24 weeks of pregnancy. But on Saturday, a law enacted by the state Legislature last spring banning abortion at 15 weeks took effect.

Gov. Doug Ducey has said that law takes precedence, but his lawyers did not seek to argue that position in court. Brnovich and some Republican lawmakers insist the old law is in force.

Brittany Fonteno, president and CEO of Planned Parenthood of Arizona, said she was “outraged” by the ruling.

“It is impermissible that Arizonans are waking up each morning to their elected officials making conflicting statements about which laws are in effect or claiming that they do not know, and yet the court has refused to provide any clarity or relief,” Fonteno said.

Some clinics in Arizona have been referring patients to providers in California and New Mexico since Johnson lifted the injunction on the old law, and they were prepared to restart abortions. The pre-statehood law carries a sentence of two to five years in prison for doctors or anyone else who assists in an abortion. Last year, the Legislature repealed a law allowing charges against women who seek abortions

Ashleigh Feiring, a nurse at abortion provider Camelback Family Planning in Phoenix, said her office will keep looking for ways to serve patients.

“We’re trying to think of everything we can to get loopholes in the law,” Feiring said Friday, adding that the facility would be willing to once again provide the procedure.

Feiring said her office continues to do post-miscarriage care and provide patients with ultrasounds so they know how many weeks pregnant they may be. That’s important, because abortion pills can only be used in the first 10-12 weeks of a pregnancy.

Feiring said some patients are able to get an abortion pill prescription from a provider in Sweden and get it filled through the mail by a pharmacy in India, but that takes about three weeks. Arizona law bans delivery of the abortion pill through the mail, and U.S. providers generally will not take that risk.

Since Roe was overturned, Arizona and 13 other states have banned abortions at any stage of pregnancy. About 13,000 people in Arizona get an abortion each year, according to Arizona Department of Health Services reports.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Several hundred students and pro-Palestinian supporters rally at the intersection of Grove and Coll...

Associated Press

Pro-Palestinian protests sweep US college campuses following mass arrests at Columbia

Columbia canceled in-person classes, dozens of protesters were arrested at New York University and Yale, and the gates to Harvard Yard were closed to the public Monday.

2 days ago

Ban on sleeping outdoors under consideration in Supreme Court...

Associated Press

With homelessness on the rise, the Supreme Court weighs bans on sleeping outdoors

The Supreme Court is wrestling with major questions about the growing issue of homelessness as it considers a ban on sleeping outdoors.

2 days ago

Arizona judge declares mistrial in case of rancher who shot migrant...

Associated Press

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

An Arizona judge declared a mistrial in the case of rancher accused of killing a Mexican man on his property near the U.S.-Mexico border.

2 days ago

Donald Trump appears in court for opening statements in his criminal trial for allegedly covering u...

Associated Press

Trump tried to ‘corrupt’ the 2016 election, prosecutor alleges as hush money trial gets underway

Donald Trump's criminal trial in New York over alleged hush money payments started with opening statements on Monday.

2 days ago

This satellite image from Planet Labs PBC shows Iran's nuclear site in Isfahan, Iran, April 4, 2024...

Associated Press

Israel, Iran play down apparent Israeli strike. The muted responses could calm tensions — for now

Israel and Iran are both playing down an apparent Israeli airstrike near a major air base and nuclear site in central Iran.

5 days ago

Speaker of the House Mike Johnson, R-La., talks to reporters just after lawmakers pushed a $95 bill...

Associated Press

Ukraine, Israel aid advances in rare House vote as Democrats help Republicans push it forward

The House pushed ahead Friday on a foreign aid package of $95 billion for Ukraine, Israel, Taiwan and other sources of humanitarian support.

5 days ago

Sponsored Articles

...

Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.

...

DISC Desert Institute for Spine Care

Sciatica pain is treatable but surgery may be required

Sciatica pain is one of the most common ailments a person can face, and if not taken seriously, it could become one of the most harmful.

...

Fiesta Bowl Foundation

The 51st annual Vrbo Fiesta Bowl Parade is excitingly upon us

The 51st annual Vrbo Fiesta Bowl Parade presented by Lerner & Rowe is upon us! The attraction honors Arizona and the history of the game.

Arizona judge won’t suspend ruling that halted all abortions