Planned Parenthood Arizona Requests 1864 Abortion Ban Be Immediately Blocked

Planned Parenthood of Arizona asked a judge Monday to immediately block the state’s 1864 abortion ban from going into effect.

The nation’s largest abortion provider filed the request in Pima County Superior Court, arguing that the judge’s recent court ruling created confusion around which of Arizona’s two competing abortion bans should now be enforced.

On Friday, Judge Kellie Johnson ruled that a 1973 injunction against the Civil War-era abortion law is null and “no longer has any prospective application” because it was spurred by the now-overturned Supreme Court’s Roe v. Wade decision.

“The Court finds that because the legal basis for the judgment entered in 1973 has now been overruled, it must vacate the judgment in its entirety,” Johnson wrote in her ruling.

The law, enacted nearly half a century before Arizona became part of the Union in 1912, threatens abortion providers with two to five years in prison. The law bans all abortions except when necessary to save the mother’s life, with no exceptions for rape or incest.

The judge’s ruling came a day before another more recent abortion ban, Arizona’s 15-week abortion ban passed earlier this year, was slated to take effect.

Planned Parenthood Arizona was a plaintiff in the case and called the 1864 law “archaic” and said it would take “Arizonans back nearly 150 years.” The Planned Parenthood affiliate added that it “will never back down.”

“The court’s decision has allowed conflicting laws to take effect and has caused immediate confusion, even among our state’s highest elected officials, as to the status of abortion access in Arizona,” said Brittany Fonteno, president and CEO of Planned Parenthood Arizona.

“This confusion has forced Planned Parenthood Arizona to pause abortion services and cancel appointments scheduled this week – meaning that members of our community once again have been and will continue to be denied medical care that they deserve and need while this decision is in effect. This is unacceptable,” Fonteno said.

Planned Parenthood Arizona’s court filing requests that the court issue a stay of its ruling while the legal process continues to unfold.

Arizona’s governor and attorney general, both Republicans, have offered inconsistent opinions on which law they believe has taken effect.

Attorney General Mark Brnovich (R) has said the 1864 law is now fully enforceable.

Meanwhile, Gov. Doug Ducey has said he believes the more recent and less stringent 15-week ban takes precedence over the older law and is in effect now.

In a tweet Saturday, the attorney general applauded the ruling and said the court provided “clarity” on the legality of abortion in Arizona.

“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,” Brnovich wrote.

Katie Hobbs, the Democratic nominee running for Arizona governor, said she was “mourning” the Friday ruling.

“I’m mourning today’s decision,” Hobbs said in a statement. “We now must turn our anger into motivation to win in November and restore our fundamental rights.”

Arizona abortion clinics have performed more than 13,000 abortions a year in recent years.

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