Pima County Judge Puts Arizona's Territorial-Era Abortion Ban Back Into Play, Invites Planned Parenthood To Amend 1973 Complaint (READ Decision)

 A Pima County Superior Court Judge today put Arizona's Territorial-Era abortion ban back into effect, further muddying the reproductive rights of Arizonans following the Supreme Court's scuttling of Roe v. Wade.

Today's decision grants relief from the 1973, post-Roe decision enjoining the ban (which dates back to 1864). Judge Kellie Johnson determined that she had to grant relief from that 1973 judgment - the parties all agreed that the Dobbs decision was a significant change of law warranting relief.

However, the parties did not agree on what she should do after granting relief. Current Attorney General Mark Brnovich had argued for just letting the law go back into effect. Planned Parenthood - which had brought the 1973 case - said that Judge Johnson should modify the injunction to take into account the anti-abortion laws which the state has passed since then, including the one going into effect TOMORROW.

Judge Johnson decided the procedural process did not allow her to do that analysis, and she invited Planned Parenthood to now amend their original 1973 Complaint and ask for a new injunction.

It is not yet clear whether Planned Parenthood will take up that invitation, appeal the decision, file a new case against the total ban, or focus their attention elsewhere.

This article was reported by AZ Law founder Paul Weich. Paul was running for a seat in Arizona's House of Representatives.

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