Virtually all abortions in Arizona are now illegal, judge rules - Arizona Daily Star

Late Friday, Pima County Superior Court Judge Kellie Johnson rejected arguments by Planned Parenthood of Arizona that a law, on the books since Arizona’s territorial days, was replaced when lawmakers earlier this year approved a ban on abortions after 15 weeks of pregnancy.

Planned Parenthood attorney Andrew Gaona had argued Johnson needed to harmonize the old law with what has been enacted since.

She said a carve-out exempting doctors from the outright 1864 ban — the argument advanced by Planned Parenthood — "is not consistent with the plain language (of the territorial law) which contains no such exception.'' .

“We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue,’’ Brnovich said in a written statement.

Doug Ducey, pointed out that while Johnson said the 1864 law can be enforced, the judge never specifically voided Senate Bill 1164, the 15-week ban the governor signed into law earlier this year.

That sets the stage for someone to ask the Arizona Supreme Court for guidance on which law takes precedence.

Pima County Attorney Laura Conover, a Democrat who sided with the organization, said her office now “will be looking at available legal remedies,’’ though she did not spell out what those are.

Cathi Herrod, president of the anti-abortion Center for Arizona Policy, said there are dozens of “pregnancy resource centers’’ throughout Arizona that can provide help to women, from prenatal care and adoption support to car seats and strollers.

"While there may be legal questions the parties seek to resolve regarding Arizona statutes on abortion, those questions are not for this court to decide here,'' Johnson wrote.