Judge allows Arizona's near total abortion ban to take effect

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Published Saturday, September 24, 2022
by Cole Lauterbach

(The Center Square) - A county judge has allowed Arizona to enforce a pre-statehood ban on nearly all abortions. 

Pima County Superior Court Judge Kellie Johnson ruled Friday that a 1901 ban on abortion, with the only one exception to save the life of the mother, was valid. 

Attorney General Mark Brnovich's office argued that the overturning of Roe v Wade made a 1973 ruling that invalidated state laws no longer valid. Lawyers for Planned Parenthood argued that the judge should "harmonize" laws in the form of a modified injunction. Johnson agreed with Brnovich. 

"Planned Parenthood urges the court to consider other equitable factors in its decision," Johnson wrote. "While the court has considered those factors, the court finds those factors do not make considering or entering the modified injunction procedurally or legally appropriate."

Brnovich and others redacted to the ruling Friday, calling it a victory for prenatal life. 

"We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue," he said on social media. "I have and will continue to protect the most vulnerable Arizonans."

Others used it as a call to arms. 

"Abortion is now illegal in the state of Arizona, including in cases of rape and incest," said state Sen. Christine Marsh, D-Phoenix. "We need to flip the legislature this November to protect access to abortion in Arizona."

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