Arizona Judge Lifts 1973 Injunction Against State Abortion Ban

Arizona Attorney General Mark Brnovich (R)

On Sept 24, an Arizona Judge lifted a 1973 injunction that blocked the state from enforcing its 1901 abortion law. Under the now-restored law, abortion is only legal when "it is necessary to save" the mother's life.

Prima County Superior Court Judge Kellie Johnson ruled that the 50-year-old injunction blocking the law's enforcement "no longer has any prospective application" after the repeal of Roe v. Wade.

Arizona Attorney General Mark Brnovich, who asked the court to vacate the old injunction, praised Johnson's decision:

“We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue. I have and will continue to protect the most vulnerable Arizonans,” he wrote on Twitter.

Planned Parenthood argued that Johnson's ruling needed to reconcile the 1901 law with Arizona's new law that will ban abortion only after 15 weeks gestation. Johnson disagreed, stating that her only role was to decide on the 1973 injunction, not to reconcile laws passed since then.

Arizona's 15-week abortion ban was set to take effect on Sept 24. While it is assumed by most that the 1901 law is in effect, further court rulings are expected to determine which law should take precedence.

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