Judge Allows Arizona Abortion Ban That Stems From 1864 Law
Nearly all abortions are now illegal in Arizona after a Pima County judge revived a ban adopted before Arizona was even a state. The only exception is to save a pregnant person's life. Abortion providers are expected to challenge the court ruling.
Politico:
Arizona Judge Rules 19th Century Abortion Ban Can Take Effect
An Arizona judge ruled Friday that a state law prohibiting nearly all abortions can take effect, forcing clinics in the state to immediately stop offering the procedure. The state’s pre-Roe law, which prohibits all abortions except to save the life of the pregnant person, was enacted in 1864, before Arizona became a state. But enforcement of the statute has been blocked since 1973, when it was found unconstitutional by the Arizona Court of Appeals and subsequently enjoined in superior court. (Messerly, 9/23)
Arizona Republic:
Arizona Ban On Nearly All Abortions In Effect, Judge Rules
The Friday ruling by Pima County Superior Court Judge Kellie Johnson provides clarity in allowing enforcement of the old law, which bans abortions in all cases except when necessary to save the pregnant person's life. But abortion rights advocates are likely to appeal, meaning the state of abortion law in Arizona is still far from settled. Providers expressed shock, outrage and enduring confusion over the ruling, which came a day before another abortion law was set to go into effect. (Barchenger and Stern, 9/23)
AP:
GOP Quiet As Arizona Democrats Condemn Abortion Ruling
Arizona Democrats vowed Saturday to fight for women’s rights after a court reinstated a law first enacted during the Civil War that bans abortion in nearly all circumstances, looking to capitalize on an issue they hope will have a major impact on the midterm elections. Republican candidates were silent a day after the ruling, which said the state can prosecute doctors and others who assist with an abortion unless it’s necessary to save the mother’s life. Kari Lake, the GOP candidate for governor, and Blake Masters, the Senate candidate, did not comment. (Cooper, 9/24)
In abortion news from Kansas and Texas —
Kansas City Star:
Kansas Planned Parenthood Overwhelmed By Abortion Requests
The new Planned Parenthood health center in Kansas City, Kansas, was designed to be brightly lit and friendly, a comfortable space for patients to have those often-uncomfortable conversations about their sexual and reproductive health needs. (Gutierrez, 9/26)
The Texas Tribune:
Texas Prosecutors Struggle With Abortion Law Restrictions
The state’s new abortion restrictions continue to confound Texas district attorneys, who now face the possibility of prosecuting medical professionals and may be called to prosecute in another county if another district attorney refuses to do so. (Salhotra, 9/24)
In other news —
NPR:
How State Abortion Bans Complicate Telehealth Abortions
Medication abortions work for most people who are under 11 weeks pregnant, and research suggests medication abortion via telemedicine is safe and effective. Yet many states have enacted legislation to ban or limit access to telehealth abortions. But it's not always clear what that means for doctors like Case who are physically located in a state with abortion restrictions but have a license that enables them to provide care via telehealth to patients in states where it is legal. (Yousry, 9/26)
AP:
In GOP Legislatures, A Gender Divide Emerges Over Abortion
A stark gender divide has emerged in debates unfolding in Republican-led states including West Virginia, Indiana and South Carolina following the U.S. Supreme Court’s June decision to end constitutional protections for abortion. As male-dominated legislatures worked to advance bans, often with support of the few Republican women holding office, protesters were more likely to be women. The contrast wasn’t lost on West Virginia Sen. Owens Brown, the only Black lawmaker in the Republican-dominated Senate, who asked lawmakers to look around before they passed a bill banning abortion at all stages of pregnancy last week. “When I look around the room, what do I see? A bunch of middle-aged and some elderly men. Also, middle-income men,” the Democrat said during a final Senate debate in which only men shared opinions. “Look out in the hallway. What do you see? You see young women, and we’re here making a decision for all these young women because you’re never going to have to ever face this issue yourself.” (Willingham, 9/24)
