AZ Planned Parenthood asks court to pause abortion ban during appeal

Citing confusion for providers and harm to women, Planned Parenthood of Arizona has filed for an immediate stay of last week’s ruling that reinstated a 158-year-old total abortion ban. 

Late Friday afternoon, Pima County Superior Court Judge Kellie Johnson ruled that a 1973 injunction blocking the ban is no longer relevant after Roe v. Wade was overturned in June. The federal protection afforded by the now voided Supreme Court case had been the primary reason for the injunction of the 1864 abortion ban. 

Ahead of an appeal of Judge Johnson’s decision, Planned Parenthood of Arizona is asking for a pause on the ban while the case continues to play out in court. Attorneys for the organization argue that the decision muddled an already confusing legal landscape for abortion providers in Arizona. 

A 15-week abortion ban was passed earlier this year, while Roe was still intact, and was set to go into effect Saturday. Gov. Doug Ducey, who signed the new law, has repeatedly said it should supersede the 1864 ban, but proponents of the preexisting ban argue that the new 15-week limit was never meant to overrule the ban, but rather limit abortion access if Roe was not overturned. Judge Johnson noted that her decision was solely on the validity on the injunction, not on which abortion law applies. 

Brittany Fonteno, CEO and president of Planned Parenthood Arizona, said in an emailed statement that Johnson’s ruling forced the organization, which is the state’s top abortion provider, to halt all abortion services for the second time this year because of a lack of clarity. The first time services were halted occurred shortly after Roe v. Wade was struck down. 

“The court’s decision has allowed conflicting laws to take effect and has caused immediate confusion, even among our state’s highest elected officials, as to the status of abortion access in Arizona,” Fonteno said in the statement. “This confusion has forced Planned Parenthood Arizona to pause abortion services and cancel appointments scheduled this week – meaning that members of our community once again have been and will continue to be denied medical care that they deserve and need while this decision is in effect. This is unacceptable. Planned Parenthood Arizona is therefore asking the court to issue a stay of its ruling while the legal process continues to unfold and we continue to seek clarity for our patients and providers,” 

The health of women is put at risk when providers are unclear about what level of care they can provide, Planned Parenthood said in its court brief. It also warned that refusing a stay would lead to women being cut off from health care access for as long as the case takes to reach a final conclusion. 

“Confusion on the scope of these exceptions seemingly at odds with one another could lead to doctors hesitating to treat patients in dire medical situations…The absence of a stay will deprive many pregnant Arizonans of health care they require for an indeterminate period of time, while this case makes its way through the appellate process,” Planned Parenthood said in its brief.