Outcome Will Determine Whether Arizonans Will Have Access to Abortion Services
Arizona is one step closer to learning whether access to abortion is legal in Arizona and if so, under what circumstances. Pima Superior Court Judge Kellie Johnson heard the Planned Parenthood v. Brnovich case last Friday afternoon but didn’t make a ruling. She said she’ll make a decision within 60 days but not before September 20.
The case involves Brnovich’s motion to lift a 1973 injunction staying the implementation of a territorial-era law [ARS 13-3603] which is still on the books:
13-3603. Definition; punishment A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.
The injunction he’s trying to lift is from a case filed in Superior Court in 1971 by Planned Parenthood of Tucson who had challenged the law. After the federal court in Arizona wouldn’t take the case, Planned Parenthood sued then-Arizona Attorney General Gary Nelson in Pima County Superior Court.
Planned Parenthood made many arguments including an implied right to privacy in the U.S. Constitution, an overreach of police power and that low-income people were unfairly impacted because they couldn’t afford to go to another state for an abortion.
Superior Court judge ruled for Planned Parenthood in 1972 saying that that the 1864/1901 laws were unconstitutional and placed an injunction against enforcing it. Nelson appealed to the Arizona Court of Appeals, who initially overturned the Superior Court decision in January 1973. A few weeks later the U.S. Supreme Court made its landmark ruling in Roe v. Wade and the appellate court then reversed their decision and modified the injunction.
That’s the injunction that our illustrious Attorney General is trying to lift, and that Judge Johnson heard arguments about last week.
See this paper to read Planned Parenthood’s arguments in the landmark 1971 lawsuit
AzPHA Special Report: Restrictions on Women’s Reproductive Freedom in Arizona: 1884-2022
Regardless of whether Judge Johnson rules for Planned Parenthood or Brnovich – the loser will appeal to the Arizona Supreme Court – which is now packed full of Ducey appointees.
