Judge denies Planned Parenthood’s request to pause 158-year-old AZ abortion ban

A Pima County Judge has denied Planned Parenthood of Arizona’s request to pause her ruling that reinstated a Civil War-era abortion ban while an appeal of that ruling is heard, rejecting the organization’s argument that confusion over the ban and newly enacted laws will cause harm. 

Judge Kellie Johnson ruled Sept. 23 that an injunction blocking the reinstatement of an 1864 near-total abortion ban was no longer valid, after Roe v. Wade was overturned earlier this year. 

Planned Parenthood of Arizona, the plaintiff in that case, immediately requested that the ruling be paused for the duration of the appeals process, given that new laws enacted since the injunction was first implemented now muddy the legal landscape for health care providers and could lead to delayed care for women. A 15-week ban signed earlier this year by Gov. Doug Ducey which went into effect on Saturday caused particular confusion: Ducey himself has repeatedly stated that the new law should supersede the 1864 law. 

Johnson on Friday disagreed with Planned Parenthood of Arizona, saying confusion wasn’t reason enough to grant a pause, given that other legal options are available for the organization to obtain clarity. That view was the argument made by Attorney General Mark Brnovich, who brought the case against the injunction holding back the 1864 ban and opposed granting a stay. Brnovich said Planned Parenthood of Arizona could bring other legal challenges against the state or file for declaratory relief, a process by which a court can resolve legal uncertainties. 

Johnson, who has firmly maintained that her ruling on the validity of the injunction doesn’t attempt to decide between past and current abortion laws, echoed this point in her ruling Friday. 

“PPAZ has other appropriate legal avenues available to it to resolve the issues it seeks to resolve surrounding interpretation and harmonization of Arizona’s abortion statutes,” reads Johnson’s ruling.

In a statement, Planned Parenthood of Arizona President and CEO Brittany Fonteno decried the decision, saying it only continued the ongoing confusion about the state of abortion access in Arizona. 

“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,” she said.