A judge issued a stay on Arizona's territory-era abortion law Friday afternoon, pending the outcome of an appeal filed by Planned Parenthood Arizona.
A scheduling conference will be held Tuesday, October 11 to determine the course of action, including if the appeal should be accelerated.
In the order, Judge Peter Eckerstrom states "Arizona courts have a responsibility to attempt to harmonize all of this state's relevant statutes. The court further concludes the balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws. Notably, in the underlying litigation both parties sought some form of such clarification from the court."
The territory-era law was reinstated after a Pima County judge ruled to lift an injunction in late September. Planned Parenthood Arizona filed a motion for stay three days after the ruling.
Judge Eckerstrom's full order can be read below:
The Attorney General's office released the following statement after the announcement of the stay:
"Our office understands this is an emotional issue, and we will carefully review the court's ruling before determining the next step."
Planned Parenthood Arizona released the following statement after the announcement of the stay:
Today, a three-judge panel of the Arizona Court of Appeals granted Planned Parenthood Arizona’s request for an emergency stay of the Pima County Superior Court’s September 23rd ruling that lifted an injunction on the state’s nearly 150-year-old abortion ban. The stay temporarily blocks enforcement of the ban while Planned Parenthood’s appeal proceeds, allowing abortion care to resume, effective immediately.
“While today’s ruling brings temporary respite to Arizonans, the ongoing threat of this extreme, near-total abortion ban that has no regard for the health care of those across the state, including survivors of rape or incest remains very real,” said Brittany Fonteno, President and CEO of Planned Parenthood Arizona. “For over 100 days, Arizonans have experienced pure chaos and confusion and it has been traumatic for our physicians and staff who have been forced to notify patients that they can no longer care for them. The court’s decision to issue a stay while the legal process continues to unfold will allow Planned Parenthood Arizona to resume abortion care services. 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.”
“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 stay blocks an archaic near-total abortion ban that can be traced to 1864, before Arizona officially became a U.S. state. In 1973, the ban was challenged in court and permanently enjoined following Roe v Wade, and therefore could not be enforced. In the nearly five decades since 1973, the Arizona Legislature has enacted numerous laws recognizing and regulating abortion as a lawful medical procedure in the state. While the majority of Arizonans support the legal right to abortion, Arizona Attorney General Brnovich filed a legal motion asking the Pima County Superior Court to fully reinstate the pre-Roe ban following the U.S. Supreme Court’s decision to overturn the federal right to abortion.
Planned Parenthood Arizona remains committed to protecting abortion access and other essential sexual and reproductive health care services. Our doors remain open and we will continue the fight for our patients.
