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Reason
Reason
Eugene Volokh

Arizona Court of Appeals Temporarily Blocks Old Arizona Abortion Ban

The Hill (Jared Gans) reports:

The Arizona Court of Appeals has temporarily blocked the state's more-than-a-century-old abortion ban [which bans all abortions "unless it is necessary to save [the woman's] life"] from being enforced after a judge had previously ruled it could be….

The abortion ban was originally enacted in the 1860s, before Arizona became a state. The law was in place until 1973, when the Supreme Court's Roe v. Wade decision protected abortion access nationally. The injunction on the ban was put in place following the decision….

Arizona's legislature had passed other less restrictive bans since Roe was decided, including a 15-week ban … [enacted] before the Dobbs ruling.

Planned Parenthood of Arizona had argued that the subsequent laws should supersede the total ban, but the state judge ruled that Roe was the only reason the injunction was in place, so the law could be enforced….

The Court of Appeals' temporary decision (Planned Parenthood Arizona, Inc. v. Brnovich), written by Presiding Judge Peter Eckerstrom, joined by Chief Judge Garye L. Vasquez and Judge Peter Swann, reasoned:

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