Arizona abortion ban still can be enforced after Pima County Superior Court denies Planned Parenthood stay

The Hon. Kellie Johnson denied a stay after Planned Parenthood appealed her Sept. 23 ruling...
The Hon. Kellie Johnson denied a stay after Planned Parenthood appealed her Sept. 23 ruling that Arizona could enforce a near-total abortion ban.(Mamta Popat, Arizona Daily Star | AP)
Published: Sep. 30, 2022 at 4:40 PM MST
Email This Link
Share on Pinterest
Share on LinkedIn

TUCSON, Ariz. (KOLD News 13) - The Pima County Superior Court has denied Planned Parenthood Arizona’s motion for a stay pending its appeal of the court’s Sept. 23, 2022. This means the near-total abortion ban can still be enforced in Arizona through the appeals process.

Om Sept. 23, Pima County Superior Court Judge Kellie Johnson lifted a decades-old injunction that blocked the enforcement of a law that was enacted before Arizona became a state. The law in question is a near-total abortion ban that was put on the books in 1864, nearly half a century before Arizona reached statehood.

The Arizona Attorney’s Office argued to Johnson that, because the U.S. Supreme Court had overturned the landmark Roe v. Wade decision, the sole reason for the injunction that blocked the old law was gone.

Under the 1894 law, anyone convicted of performing a surgical abortion or providing drugs for an abortion through medication could face between two and five years in prison.

The ban went into effect immediately after Johnson’s ruling.

Planned Parenthood Arizona filed an appeal on Monday, Sept. 26. Planned Parenthood’s request for a stay was denied on Friday, Sept. 30.

Brittany Fonteno, the President and CEO of Planned Parenthood Arizona, released the following statement on Friday.