By: Zachary Lopez (ZachNews)
Sources: Pima County Superior Court and Arizona State Legislator (Information)
Arizona: Arizona’s pre-statehood abortion ban is reinstated for statewide enforcement after a Pima County Superior Court Judge ruled on Friday, September 23rd, 2022 to lift the 1973 court injunction.
Pima County Superior Court Judge Kellie Johnson ruled that a judgment and injunction signed in 1973 in regards to a law known as ARS 13-3603 “no longer has any prospective application.”
“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,” read a portion of the ruling by Pima County Superior Court Judge Kellie Johnson.
The abortion ban was enacted decades before Arizona was granted statehood in 1912, and prosecutions were halted after the injunction was handed down following the Roe v. Wade decision.
The Legislature in Arizona reenacted the law several times, most recently in 1977.
In late June 2022, the United States Supreme Court’s decision to overturn the Roe v. Wade abortion ruling.
In August 2022, Assistant Attorney General Beau Roysden told Pima County Superior Court Judge Kellie Johnson at a court hearing that since Roe v. Wade has been overturned, the sole reason for the injunction blocking the old law is gone and she should allow it to be enforced.
ARS 13-3603 (Arizona Revised Statutes Title 13. Criminal Code § 13-3603) refers to a section of Arizona law that bans abortion in all cases except to save the woman’s life.
The ARS 13-3603 section reads, “A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.”
*** Arizona State Legislator: More Information Regarding ARS 13-3603: ***
The ruling by Pima County Superior Court Judge Kellie Johnson means clinics statewide will have to stop providing the procedures to avoid the filing of criminal charges against doctors and other medical workers.
Following the ruling, Brittany Fonteno, President and CEO of Planned Parenthood Arizona said, “Today’s ruling by the Pima County Superior Court has the practical and deplorable result of sending Arizonans back nearly 150 years. No archaic law should dictate our reproductive freedom and how we live our lives today.”
An appeal of the ruling by Pima County Superior Court Judge Kellie Johnson is likely.
More details are still coming into ZachNews.