A judge says Arizona can enforce a near-total ban on abortions that has been blocked for nearly 50 years.
FILE - In this Dec. 2, 2020, file photo, Arizona Republican Gov. Doug Ducey answers a question during a news conference in Phoenix. A new Arizona law banning abortions after 15 weeks of pregnancy takes effect Saturday, Sept. 24, 2022 as a judge weighs a request to allow a pre-statehood law that outlaws nearly all abortions to be enforced.
The decision from Pima County Superior Court Judge Kellie Johnson came more than a month after she heard arguments on Republican Attorney General Mark Brnovich’s request to lift the injunction. It had been in place since shortly after the U.S. Supreme Court’s 1973 decision in the Roe v. Wade case, which held women had a constitutional right to abortion.
An attorney for Planned Parenthood and its Arizona affiliate argued that allowing the pre-statehood ban to be enforced would render a host of more recent laws regulating abortion meaningless. Instead, she urged the judge to let licensed doctors perform abortions and have the old ban only apply to unlicensed practitioners.
A physician who runs a clinic that provides abortions said she was dismayed but not surprised by the decision. Johnson, the judge, said Planned Parenthood was free to file a new challenge. But with Arizona's tough abortion laws and all seven Supreme Court justices appointed by Republicans, the chances of success appear slim.
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