TUCSON, Ariz. (KGUN) — For the third Friday in a row, Arizona's abortion law has fluctuated.
According to a decision by the Arizona Court of Appeals, abortions can resume in the state for now.
An Arizona Court of Appeals three-judge panel has granted an emergency stay on the current state law—a near-total abortion ban that was enacted when Pima County Superior Court Judge Kellie Johnson'sruling on Friday, Sept. 23.
Planned Parenthood asked for the emergency stay following that ruling, while they appeal Judge Johnson's decision.
The order, which allows abortions to resume temporarily, was written by Presiding Judge Peter J. Eckerstrom who said Planned Parenthood and its Arizona affiliate had shown they are likely to prevail on an appeal of a decision by the judge in Tucson to allow enforcement of the old law.
Planned Parenthood had argued that the lower court 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 1973 decision in Roe v. Wade that said women have a constitutional right to an abortion.
Those laws include a new one blocking abortions after 15 weeks of pregnancy that took effect last month. The previous limit was 24 weeks, the viability standard established by now-overruled U.S. Supreme Court cases.
“Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes,” Eckerstrom wrote, mirroring arguments made by attorneys for Planned Parenthood.
“Today’s decision provides a desperately needed sense of security for both our patients and providers,” said Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America. “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.”
The Attorney General's office released the following statement in response to the Court of Appeals ruling:
“Our office understands this is an emotional issue, and we will carefully review the court’s ruling before determining the next step,” said Brittni Thomason, spokesperson for the Arizona Attorney General’s Office.
The Friday, Sept. 23 ruling came about a month after Johnson heard arguments in the case between Planned Parenthood of Tucson and the Arizona Attorney General's office. The case questioned which of Arizona's two laws on abortion should be allowed to stand.
On Friday, Sept. 30, Johnson denied Planned Parenthood's request for a stay while they challenged the ruling.
In a separate lawsuit, abortion rights advocates are suing the state of Arizona to overturn the ban outright.
RELATED COVERAGE: Changes to abortion law pushes young women to vote
——
Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.
