Arizona Judge Lifts Injunction Against State’s 1864 Anti-Abortion Law


Planned Parenthood Arizona on Friday night vowed that its fight to protect reproductive healthcare in the state was “far from over” after a judge lifted a decades-old injunction which had blocked an anti-abortion rights law dating back to 1864 — before Arizona was even established as a state — and allowed the ban to be enforced.

Pima County Superior Court Judge Kellie Johnson said in her ruling that Roe v. Wade, the 1973 U.S. Supreme Court ruling which affirmed the constitutional right to abortion care, had been the basis for barring the 1864 law from being enforced. Since Roe was overturned in June, she said, the injunction should be annulled.

Johnson’s decision will “unleash [a] near-total abortion ban in Arizona,” said Planned Parenthood Arizona, with the law including no exceptions for people whose pregnancies result from rape or incest. Under the law, which was first passed by Arizona’s territorial legislature and then updated and codifed in 1901, anyone who helps a pregnant person obtain abortion care can be sentenced to up to five years in prison.

He said that the suspect will face one charge of sexually abusing the young child without consent in the court of law.

The Local Court on September for two counts of aggravated – sexually touch another person, and aggravated – incite another to sexually touch them, and sexually touch another person without consent.

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