Arizona Courtroom of Appeals Briefly Blocks Previous Arizona Abortion Ban

The Arizona Courtroom of Appeals has briefly blocked the state’s more-than-a-century-old abortion ban [which bans all abortions “unless it is necessary to save [the woman’s] life”] from being enforced after a decide had beforehand dominated it could possibly be….

The abortion ban was initially enacted within the 1860s, earlier than Arizona turned a state. The legislation was in place till 1973, when the Supreme Courtroom’s Roe v. Wade determination protected abortion entry nationally. The injunction on the ban was put in place following the choice….

Arizona’s legislature had handed different much less restrictive bans since Roe was determined, together with a 15-week ban … [enacted] earlier than the Dobbs ruling.

Deliberate Parenthood of Arizona had argued that the following legal guidelines ought to supersede the entire ban, however the state decide dominated that Roe was the one motive the injunction was in place, so the legislation could possibly be enforced….

The Courtroom of Appeals’ momentary determination (Deliberate Parenthood Arizona, Inc. v. Brnovich), written by Presiding Decide Peter Eckerstrom, joined by Chief Decide Garye L. Vasquez and Decide Peter Swann, reasoned:

Deliberate Parenthood Arizona, Inc., has demonstrated a considerable chance of success on the deserves on its declare that the trial court docket erred by limiting its evaluation of appellee State of Arizona’s movement to put aside the Second Amended Declaratory Judgment and Injunction … to the constitutional viability of A.R.S. § 13-3603 [the old statute] in mild of Dobbs v. Jackson Ladies’s Well being Group, 142 S. Ct. 2228 (2022), and in refusing to contemplate the statutes applied because the imposition of the injunction, together with A.R.S. §§ 36-2321 to 36-2326. Arizona courts have a duty to aim to harmonize all of this state’s related statutes.

The court docket additional concludes the steadiness of hardships weigh strongly in favor of granting the keep, given the acute want of healthcare suppliers, prosecuting companies, and the general public for authorized readability as to the appliance of our felony legal guidelines….

A telephonic scheduling convention shall be carried out earlier than Presiding Decide Peter Eckerstrom on Tuesday, October 11, 2022, at 2:30 p.m., to find out whether or not this matter needs to be accelerated and to set a briefing schedule.

Congratulations to D. Andrew Gaona and Kristen Yost (Coppersmith Brockelman PLC) and Diana O. Salgado, Sara MacDougall, Catherine Peyton Humphreville (Deliberate Parenthood Federation of America), who characterize Deliberate Parenthood Arizona.