Abortion providers and advocates - and, their attorneys - continue to press multiple judges to help untangle the knot of overlapping abortion bans created in the wake of the U.S. Supreme Court's Dobbs decision. Today, providers filed a Supplemental Brief explaining why last Friday's renewed 1864 abortion ban means that the 2021 partial ban needs to be stopped.
|This 2016 editorial cartoon should be updated to reflect AZ's current situation
U.S. District Judge Douglas Rayes asked for the new briefings from both sides in light of the Pima County Superior Court decision putting the pre-Roe near-total ban back on the books. Today's filing from Drs. Paul Isaacson and Eric Reuss (along with the National Council of Jewish Women - Arizona, the Center for Reproductive Rights, others) explains that "as Arizona state courts continue to consider the impact of the pre-Roe Ban, it is 'likely' abortion services in the state will continue to start and stop and start again, as they have for the past three months. And...there is a substantial likelihood the Reason Scheme will continue to inflict significant and ongoing irreparable harms."
The Isaacson v. Brnovich case attempts to stop last year's two-pronged anti-abortion law prohibiting abortion procedures begun because of genetic anomalies and adding a "Personhood" provision from the moment of fertilization. (The personhood provision was enjoined.)
Planned Parenthood has also asked Pima County Judge Kellie Johnson to put a stay on her decision pending an appeal that has been filed with the intermediate Arizona Court of Appeals. That has been briefed and is awaiting her decision. (A Motion has also been filed at the appellate level.)
Arizona Attorney General Mark Brnovich has until October 5 to file his response, with a reply by October 7.
Meanwhile, the new 2022 15-week abortion ban went into effect this week. Planned Parenthood has argued that the 1864 ban must"be harmonized with the legislature's subsequently enacted scheme of regulation for abortion providers" and therefore the 1864 ban should not be applied to licensed physicians authorized to provide reproductive healthcare under the statutes and regulations. And, while all this is being sorted out, Arizonans needing reproductive healthcare are being impacted on a daily basis.
Here are the recent filings:
This article was reported by AZ Law founder Paul Weich. Paul was running for a seat in Arizona's House of Representatives.
"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet.