The ruling was made because Arizona legislators passed a 15-week abortion ban that took effect on September 24. That law was written and passed under the assumption that Roe v. Wade restrictions would still apply, but Roe v. Wade was overturned after the law was passed.
Planned Parenthood argued that the courts needed to reconcile the 1901 law with all other abortion regulations passed since then—including the new 15-week ban. While Johnson said that she did not have to rule on any other laws to end the injunction, the appeals court disagreed.
“Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes,” Presiding Judge Peter J Eckerstrom wrote. He said that Planned Parenthood “had shown they are likely to prevail on an appeal of a decision by the judge in Tucson to allow enforcement of the old law.”
The ruling allows abortion to resume in Arizona if it conforms with the state's new 15-week abortion ban.
