Abortions are Back in Arizona–For Now

The landmark decision of Roe v. Wade protected Americans’ access to abortion for 50 years. In June, the Supreme Court overturned that decision with its ruling in Dobbs v. Jackson Women’s Health Organization. Arizona was one of many states across the country that immediately sought to further restrict abortion access.

On Friday, The Arizona Court of Appeals blocked a previous decision allowing immediate enforcement of a law criminalizing nearly all abortions–which means, at least for now, abortions can take place again in Arizona.

That is unless the state Supreme Court intervenes.

According to the ruling, written by Judge Peter J. Eckerstrom, the injunction should not have been lifted in September and agreed to put the aggressive, near-total ban on abortions on hold. The three-judge panel said that the judge should have considered “a host of laws restricting abortions passed since the original injunction was put in place following the U.S. Supreme Court’s Roe v. Wade decision,” which said women have a constitutional right to an abortion.

One of those subsequent laws includes one blocking abortions after 15 weeks of pregnancy that took effect last month.

When the Supreme Court overturned Roe v. Wade in June, Arizona Attorney General Mark Brnovich (R.) asked the court to lift a 50-year-old injunction blocking enforcement of the pre-statehood abortion law.

Then, last month, Pima County Superior court Judge Kellie Johnson sided with Brnovich, removing the injunction, allowing Arizona to return again to a 121-year-old abortion ban.

The law, which dates back to 1901, has no exceptions for rape or incest, with the only exception being to save the pregnant person’s life. The ban also carries a penalty of 2-5 years in prison for abortion providers.

Planned Parenthood responded a few days later by filing a motion in Pima County seeking a hold on the ruling, claiming that there was confusion over the many different abortion laws that have taken effect in Arizona since Roe v. Wade was overturned– which is also when the 15-week abortion ban introduced by Gov. Doug Ducey in 2019 took effect in the state.

"The Court's order creates confusion over the meaning of Arizona's laws and has the practical effect of nullifying dozens of duly enacted laws...including the 15-week law," Planned Parenthood said in the motion.

Friday’s ruling agreed with Planned Parenthood’s claim that the Arizona courts have a “responsibility to attempt to harmonize the state’s abortion laws.”

The Appeals Court has a hearing scheduled for next week when it will consider setting an expedited hearing.