An Arizona court Friday ruled that the state’s 1901 abortion ban may be enforced. The law bans abortion in all circumstances unless the procedure is necessary to save a pregnant person’s life and sets a minimum two years inprisonment for violations. Plaintiff Planned Parenthood argued that a 1973 injunction must continue to be upheld in the interest of fairness and to prevent contradictions between the 1901 ban and post-Roe laws.
The court disagreed, finding that because “the legal basis for the judgment entered in 1973 has now been overruled, it must vacate the judgment in its entirety. The Court finds an attempt to reconcile fifty years of legislative activity procedurally improper.”This action concerned only the 1973 injunction, and Planned Parenthood “may file a new action to seek relief it believes appropriate.”
Arizona’s Secretary of State and gubernatorial candidate Katie Hobbs expressed outrage and, if elected governor, promised to do all in her power to reclaim the right to abortion, including using veto powers. Until these legislative changes happen, however, the 1901 law is in effect and enforceable.