Arizona appeals court blocks enforcement of 1901 abortion ban News
© WikiMedia (Larissa Puro)
Arizona appeals court blocks enforcement of 1901 abortion ban

An Arizona state appeals court Friday blocked enforcement of a 1901 abortion ban, which bans all abortions unless the procedure is necessary to save a pregnant person’s life. Planned Parenthood filed an emergency stay of enforcement of the ban following a September 23 ruling which would have allowed the ban to go into effect. Planned Parenthood said, with the stay in place, Arizona clinics will now resume abortion procedures.

Presiding Judge Peter Eckerstrom granted Planned Parenthood’s emergency stay request. Eckerstrom said part of the court’s reasoning for granting the stay was the inconsistencies in current Arizona law. In addition to the 1901 ban, Arizona also passed a 15-week abortion ban in February. Eckerstrom agreed with Planned Parenthood that “Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes.” Eckerstrom said that, if the court would have allowed the 1901 ban to go into effect, healthcare providers, prosecuting agencies and the public would lack legal clarity on the issue of abortion.

In response to the ruling, President and CEO of Planned Parenthood Arizona Brittany Fonteno said:

For over 100 days, Arizonans have experienced pure chaos and confusion and it has been traumatic for our physicians and staff….Planned Parenthood Arizona is committed to defending reproductive freedom for all and continuing this fight until this 150-year-old law is taken off the books for good.

Arizona Attorney General Mark Brnovich did not say that his office would take any further action at this time. The emergency stay remains in place until the appeal, also before Arizona’s Court of Appeals, is resolved. A scheduling conference to determine if the appeals process should be accelerated is scheduled for October 11.

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