Arizona judge won’t suspend ruling that halted all abortions

An Arizona judge on Friday declined to put on hold her order that allowed enforcement of a pre-statehood law making it a crime to provide an abortion, saying abortion rights groups that asked her to block the order are not likely to prevail on appeal.

The ruling from Pima County Superior Court Judge Kellie Johnson means the state’s abortion providers will not be able to resume the procedures. Abortions were halted Sept. 23 when Johnson ruled that a 1973 injunction must be lifted so that the Civil War-era law could be enforced.

Republican Atty. Gen. Mark Brnovich sought the order to lift the injunction. Attorneys with his office told the judge that since the U.S. Supreme Court’s June 24 decision overturning the constitutional right to an abortion, there was no legal reason to block the old law.

Planned Parenthood and its Arizona affiliate had urged Johnson to keep the injunction issued shortly after Roe vs. Wade was decided in 1973. They argued that laws enacted by the state Legislature in the ensuing 50 years should take precedence.

Planned Parenthood’s lawyers asked Johnson on Monday to put her ruling on hold to allow an appeal.

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Before the Sept. 23 ruling allowing enforcement of the old law, abortions were legal in Arizona until the fetus was viable, usually around 24 weeks of pregnancy. But a law banning abortion at 15 weeks, enacted by the state Legislature last spring, took effect Saturday.

Republican Gov. Doug Ducey has said that law takes precedence, but his lawyers did not seek to argue that position in court. Brnovich and some Republican lawmakers insist the old law is in force.

Brittany Fonteno, president and chief executive of Planned Parenthood of Arizona, said she was “outraged” by the ruling.

“It is impermissible that Arizonans are waking up each morning to their elected officials making conflicting statements about which laws are in effect or claiming that they do not know, and yet the court has refused to provide any clarity or relief,” Fonteno said.

Some clinics in Arizona have been referring patients to providers in California and New Mexico since Johnson lifted the injunction on the old law. The pre-statehood law carries a sentence of two to five years in prison for doctors or anyone who assists in an abortion. Last year, the Legislature repealed a law allowing charges against women who seek abortions.

Ashleigh Feiring, a nurse at abortion provider Camelback Family Planning in Phoenix, said her office would keep looking for ways to serve patients.

“We’re trying to think of everything we can to get loopholes in the law,” she said Friday, adding that the facility would be willing to once again provide the procedure if possible.

Feiring said her office continues to do post-miscarriage care and provide patients with ultrasounds so they know how many weeks pregnant they may be. That’s important, because abortion pills can be used only in the first 10-12 weeks of a pregnancy.

Feiring said some patients are able to get abortion pill prescriptions from a provider in Sweden and have them filled through the mail by a pharmacy in India, but that takes about three weeks. Arizona law bans delivery of the abortion pill through the mail, and U.S. providers generally will not take that risk.

Since Roe was overturned, Arizona and 13 other states have banned abortions at any stage of pregnancy. Previously, about 13,000 people in Arizona got abortions each year, according to Arizona Department of Health Services reports.