By Aaron Miller-
Abortions have effectively been banned in Arizona after a judge lifted an injunction that had blocked prosecutions for nearly 50 years.
Judge Kellie Johnson of Pima county’s superior court released a ruling on Friday allowing the enforcement of the decades-old ban- a day before a new law that would ban most procedures after 15 weeks was scheduled to take effect.
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The law Johnson reinstated dates from 1864 and bans all abortions with no exception for rape or incest. The only exception involves a recipient whose life is in danger.
The court’s decision earlier this year, in the Mississippi case called Dobbs v. Jackson Women’s Health Organization, put the question of abortion into sharp focus, returning it back into the hands of the state.
Conflicting laws surrounding abortion in Arizona led to the court challenge and confusion among abortion providers about what was legal and what was not.
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The implication of the new law is that women who need an abortion will now have to leave the state to get the procedure done in other states where a ban or total ban on abortions have not yet been imposed. Some clinics will have to shut down due to the latest ruling.
It comes after the US Supreme Court overturned the 1973 Roe v Wade ruling in June. The landmark ruling had given all women the right to an abortion.
The new ruling empowers states to now enforce their own laws, and at least 14 have already brought in bans, while legal battles are going on in others.
One large provider, Planed Parenthood, urged the judge to keep the status quo and said it would take “Arizonans back to living under an archaic, 150-year-old law”.
“This decision is out of step with the will of Arizonans and will cruelly force pregnant people to leave their communities to access abortion,” said boss Alexis McGill Johnson.
The ruling has reinforced the uproar sparked following the overturning of Roe v Wade, leaving many women in need of abortion feeling disillusioned.
Arizona attorney general Mark Brnovich praised the judge, Kellie Johnson, for “providing clarity and uniformity”,
Democrats are making abortion a key issue ahead of crucial US mid-term elections in November.
Senator Marc Kelly said the decision would “have a devastating impact on the freedom Arizona women have had for decades”.
Katie Hobbs, another Democrat – who’s running for governor, urged voters to fend off the erosion of abortion rights in November’s election.
Immediately after Johnson’s ruling, several Arizona clinics that provided abortions stopped carrying out the procedure to avoid criminal charges for their medical professionals, forcing almost all patients in need of an abortion to travel out of state.
Those who have already stopped offering abortions included Planned Parenthood along with two other abortion providers, the Associated Press reported.
The Arizona senator Krysten Sinema called out Johnson’s ruling on Twitter, writing in part: “A woman’s healthcare decisions should be between her, her family, and her doctor. Today’s decision removes basic rights Arizona women have relied upon for over a century and endangers their health, safety, and wellbeing.”
Arizona’s other US senator, Mark Kellyposted on Twitter: “Repealing Roe v Wade set Arizona women’s rights back decades. This decision sets them back 158 years, to before Arizona was even a state. I won’t stop until we restore abortion rights so my granddaughter can have the same freedoms my grandmother did.
Arizona’s governor, Doug Ducey, has stated the 15-week ban will be followed, with a representative of his office telling the Times that the governor is proud to have signed the ban. However, Ducey has not clarified whether the more restrictive law will be enforced.
However, the Republican party’s senatorial hopeful Blake Masters and Kari Lake – who’s going for governor – both support abortion restrictions. This week’s change comes after assistant attorney general Beau Roysden argued in August that since Roe had been overruled, the only reason for the injunction blocking the old abortion law was gone.
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