By Ray Stern || The Arizona Republic
The Arizona Court of Appeals has put on hold the territorial law that bans nearly all abortions in the state until a full appeal of an earlier ruling on it is heard.
The court’s decision means that abortions could occur legally while the emergency stay is in effect, though presumably the procedure is subject to a newer law that bans abortions after 15 weeks of pregnancy.
Planned Parenthood Arizona said it would restart the procedure at its clinics following the ruling.
The organization has a likelihood of succeeding in its effort to keep an injunction on the 1864 law that was in place since the 1973 Roe v. Wade decision, according to a unanimous ruling by a three-judge panel led by Presiding Judge Peter J. Eckerstrom.
The judges agreed with Planned Parenthood’s argument that “Arizona courts have a responsibility to attempt to harmonize the state’s” abortion laws. The 15-week law took effect last month.
The appellate judges wrote in their order on Friday that an “acute need” to straighten out the state’s abortion laws existed.
“The court further concludes the balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws. Notably, in the underlying litigation both parties sought some form of such clarification from the court,” the ruling states.
