Court Allows Arizona’s Near-Total Abortion Ban To Go Into Effect


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Trevor Schakohl Legal Reporter
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Arizona’s Pima County Superior Court lifted an injunction Friday that had prevented enforcement of a state ban on abortion unless necessary to save a mother’s life, allowing the law to go into effect.

The court declared the state measure, now called Arizona Criminal Code § 13-3603, unconstitutional within weeks of the U.S. Supreme Court’s 1973 Roe v. Wade decision. After Roe v. Wade’s June reversal, Arizona Attorney General Mark Brnovich motioned the Pima County Superior Court to remove the decades-old injunction against enforcing the statute.

“A Pima County judge lifted an injunction that was placed on AZ’s abortion statute,” Brnovich tweeted Friday. “We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue. I have and will continue to protect the most vulnerable Arizonans.”

Arizona already passed a law restricting abortion after 15 weeks gestation earlier this year. The measure said it did not affect § 13-3603’s validity. (RELATED: Catholic Bishop Blasts Biden For Comments On Abortion)

The court rejected plaintiff Planned Parenthood Arizona’s request for a modified injunction allowing licensed doctors to be exempt from § 13-3603. The organization said Friday the ruling was “sending Arizonans back 150 years” and its lawyers were mulling next steps.

“The Attorney General’s role was to seek clarity on this important issue,” Arizona Attorney General’s Office Spokesperson Katie Conner told the Daily Caller News Foundation. “Earlier this year, the Arizona Legislature passed and Governor Ducey signed S.B. 1164, the 15-week abortion ban, which included language specifically providing A.R.S. 13-3603 was not repealed. The Superior Court judge agreed – and noted that in her decision.”

“Accordingly, A.R.S. 13-3603 is now in effect,” Conner continued. “If Arizonans disagree with the law, they should contact their legislators or the governor.”

Planned Parenthood Arizona did not immediately respond to the DCNF’s request for comment.

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