Arizona Court of Appeals Temporarily Blocks Old Arizona Abortion Ban

The Hill (Jared Gans), reports:

The Arizona Court of Appeals has temporarily blocked the state’s more-than-a-century-old abortion ban [which bans all abortions “unless it is necessary to save [the woman’s] life”] from being enforced after a judge had previously ruled it could be….

In the 1860s, Arizona’s first state was formed. This law existed until 1973 when Roe v. Wade was decided by the Supreme Court. The injunction on the ban was put in place following the decision….

Arizona’s legislature had passed other less restrictive bans since Roe was decided, including a 15-week ban … [enacted]Before the Dobbs ruling.

Planned Parenthood of Arizona had argued that the subsequent laws should supersede the total ban, but the state judge ruled that Roe was the only reason the injunction was in place, so the law could be enforced….

Temporary decision of the Court of Appeals (Planned Parenthood Arizona, Inc. BrnovichThe following was written by Peter Eckerstrom (Presiding Judge), along with Chief Judge Garye L. Vasquez (Judge Peter Swann):

Planned Parenthood Arizona, Inc., has demonstrated a substantial likelihood of success on the merits on its claim that the trial court erred by limiting its analysis of appellee State of Arizona’s motion to set aside the Second Amended Declaratory Judgment and Injunction … to the constitutional viability of A.R.S. § 13-3603 [the old statute]Consider the following: Dobbs V. Jackson Women’s Health Organization, 142 S. Ct.2228 (2222), and refusing consideration of statutes in place since the imposition, A.R.S. §§ 36-2321 to 36-2326. Arizona’s courts have the responsibility of trying to harmonize all applicable statutes.

The court further concludes the balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws….

The telephonic scheduling conference will be held before Judge Peter Eckerstrom, Tuesday October 11, 2022 at 2:30 pm. It is intended to establish whether the matter can be expedited and set a shorting schedule.

D. Andrew Gaona (Coppersmith Brockelman PLC), Kristen Yost, Diana O. Salgado and Sara MacDougall (Planned Parenthood Federation of America), who are Planned Parenthood Arizona.