Abortions can take place again in Arizona, at least for now, after an appeals court on Friday blocked the enforcement of a pre-statehood law that almost entirely criminalized the procedure
“Today’s decision provides a desperately needed sense of security for both our patients and providers,” Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, said in a statement. “We can now breathe a sigh of relief and serve patients. While the fight isn’t over, for now, Arizonans will once again be able to make their own decisions about their bodies, health care decisions, and futures.
Language in the new 15-week ban said it does not repeal the pre-statehood law, and Brnovich and some Republican lawmakers have insisted the old law takes precedence. It contains an exception if the life of the mother is at risk, but not for rape or incest. The appeals court said Planned Parenthood has shown it is likely to prevail on its argument that the trial court erred by limiting its analysis only to the attorney general's request to lift the 50-year-old injunction and refusing to consider the later laws passed by the Legislature to regulate abortion.
Some clinics in Arizona have been referring patients to providers in California and New Mexico since Johnson lifted the injunction on the old law. 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 Last year, the Legislature repealed a law allowing charges against women who seek abortions.
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