PHOENIX — A Pima County judge has ruled to lift an injunction on a state territory-era abortion law Friday after the Supreme Court overturned Roe v. Wade earlier this summer.
Reaction to the ruling was lamented by women's reproductive rights advocates and championed by anti-abortion groups.
"Women should have their own rights," said Mandy Johnson on Mill Avenue just after the news broke.
Johnson wanted to share her story with ABC15, saying she was once raped, got pregnant, and made the decision to get an abortion.
"If I had to carry that person's child, I would not be alive right now," she said.
The near-total abortion ban provides no exceptions for rape, incest or fetal abnormalities.
Johnson plans to use Friday's ruling as motivation to advocate for women's reproductive rights.
"If I found out those doctors had to face time, I would fight every bit of my being to help them. They put themselves through trouble to help me," said Johnson.
While some like Johnson expressed anger with the decision, others considered the ruling a win in one of the most divisive current issues.
"This is a tremendous victory for unborn children and their mothers," said Kevin Theriot, senior counsel with Alliance Defending Freedom.
He helped lift the injunction on the decades-old ban by adding briefs to what the Attorney General filed with the state after Roe v. Wade was overturned.
He says their goal was to protect life at conception.
"Women are fully capable of being moms without abortion and it's demeaning to say otherwise," he said.
Various public officials released statements reacting to the near-total abortion ban.
Attorney General Mark Brnovich:
"A Pima County judge lifted an injunction that was placed on Arizona's abortion statute. We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue. I have and will continue to protect the most vulnerable Arizonans."
Katie Hobbs, candidate for Arizona governor:
“I am outraged and devastated by today’s decision by the Pima County Superior Court to allow a territorial ban on abortion to take effect. There’s no doubt in my mind that this draconian 1901 law will have dire consequences on the health and well-being of Arizona women and their families.
This cruel law effectively outlaws abortion in Arizona — with no exceptions for rape or incest — and risks women’s fundamental freedom to make their own health care decisions. As a social worker, I’ve seen first-hand how restricting women’s autonomy and creating barriers to their health care access hurts their physical and mental wellbeing. I am terrified of the severe, life-threatening impacts this law will have on Arizonans, and I know many Arizonans feel this fear today too.
To make matters worse, this law mandates jail time for abortion providers. Medical professionals will now be forced to think twice and call their lawyer before providing patients with oftentimes necessary, lifesaving care. When politicians think they know better and don’t allow doctors to do their jobs, patients suffer.
Make no mistake: this outcome is the product of a decades-long attack on reproductive freedom. And Kari Lake’s full-throated support of this dangerous law shows how far she is willing to go to take away Arizonans’ freedoms and put their health on the line.
Winning this race is now more important than ever so we can fight back against these cruel attacks on abortion and women’s freedom. That responsibility is not one I take lightly, and I am more motivated than ever to win in November so we can restore our fundamental rights. We cannot allow Lake and her fellow anti-choice legislators to continue this war on Arizona women and families — the majority of whom support access to safe, legal abortion.
As your governor, I will do everything in my power to protect this right — starting by using my veto pen to block any legislation that compromises the right to choose. I will do everything I can to stop oppressive bans created before women even had the right to vote to control our reproductive freedom.
Like thousands of people across Arizona, I am mourning this decision. However, I know that it is important to channel this outrage into fighting for reproductive justice and voting for candidates this election who will protect abortion rights.”
Pima County Attorney Laura Conover:
"We are obviously very disappointed. We were hoping for a different result, and we will be looking at available legal remedies. Having a near complete ban on abortion procedures puts people at risk. The World Health Organization has found that banning or severely restricting access to abortions does little to deter actual abortion rates. Rather, it forces pregnant people to seek care from unskilled providers or perform the procedure themselves. The result of this is 47,000 women dying each year and some 5 million more suffering long-term health consequences globally. Additionally, the near total ban provides no consideration for victims of rape and incest, making society more vulnerable to these violent crimes. My priorities as Pima County Attorney are public safety and public health. I join our Sheriff and our Tucson Police Chief in reassuring the residents of Pima County of those priorities."
Arizona Democratic Party Chair Raquel Terán:
“Today I am heartsick for my fellow Arizonans. I am horrified that Arizona is now a state where a fringe minority has taken our state back in time over a century, putting the lives of so many in the balance. Make no mistake, when people are unable to seek out abortions, they will die – families and communities will suffer because Republicans will stop at nothing to control our bodies. Meanwhile, Arizona Democrats are on the frontlines of fighting for our freedoms – and we still stop at nothing.”
“To my fellow Arizonans who are continually horrified by the actions of dangerous, out-of-touch Republicans in the war against our bodies: Arizonans are a united front on this issue, and we will protect mothers, families, doctors, and medical professionals because no one should be thrown in jail for providing or receiving essential medical care.”
Planned Parenthood Arizona:
Today’s decision by the Pima County Superior Court allows a near-total abortion ban, with a narrow exception to save the life of a pregnant person, to take effect in Arizona. The court refused to harmonize dozens of laws that are in effect that clearly allow physicians to provide abortion, including the 15-week law that is set to take effect tomorrow. This decision to lift the injunction on the previously enjoined abortion ban, without clarifying how Arizona’s other existing laws interact with it, has created chaos and confusion and will deny thousands of Arizonans control over their reproductive lives and their ability to have a safe, legal abortion.
“Today’s ruling by the Pima county superior court has the practical and deplorable result of sending Arizonans back nearly 150 years. No archaic law should dictate our reproductive freedom and how we live our lives today,” said Brittany Fonteno, president and CEO of Planned Parenthood Arizona. “We know that today’s ruling does not reflect the will of the people, as Arizonans are overwhelmingly in favor of abortion access. Instead, it is the result of extremist Attorney General Brnovich and other anti-abortion elected officials who are on a mission to strip Arizonans from their right to live under a rule of law that respects our bodily autonomy and reproductive decisions. Let me be clear, this is not the end of the fight, this harmful ban has no place in Arizona and we will persist until that is achieved.”
“Today, the court’s decision takes Arizonans back to living under an archaic, 150-year-old law,” said Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America. “This decision is out of step with the will of Arizonans and will cruelly force pregnant people to leave their communities to access abortion. Everyone deserves to make their own decisions about their bodies, families, and futures, and yet today, Arizonans’ right to bodily autonomy and self-determination have been stripped away.”
Criminalizing abortion does not reduce the need and demand for this essential health care. Instead, it forces people to carry unwanted pregnancies, seek abortion outside of the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care, which is simply not possible for many Arizonans. Abortion bans are rooted in America’s legacy of racism and discrimination. This near-total ban will have the greatest impact on Black, Indigenous, Latinx, and other people of color, young people, LGBTQ+ people, and undocumented people.
Planned Parenthood will continue to stand with Arizonans and fight for abortion access in the face of continued attacks.
Representative Ruben Gallego:
"To say I’m shocked by the court decision upholding Arizona’s territorial abortion ban would be a lie. If history has shown us time and time again, federal and state Republican leaders are willing to do anything and everything to strip women of their healthcare freedoms.
This is a devastating day for all Arizonans, and it underscores the need for the Senate to immediately act, put the filibuster aside, and pass the Women’s Health Protection Act."
Representative Brian Fernandez:
"Today women in Arizona became less safe and less free. Abortion is now illegal in our state except in the most rare of cases. This is a very dark day in our history."
Cathi Herrod, president of Center of Arizona Policy:
"It's a momentous day. The court's decision is the right decision. It's a historic decision. The Arizona Law banning abortion except to save the life of the mother was in effect on the day Roe versus Wade was handed down in 1973. It's the 1973 law that's reinstated because the only thing prohibited its enforcement was the Roe V Wade decision."
Senator Mark Kelly:
“This decision will have a devastating impact on the freedom Arizona women have had for decades: to choose an abortion if they need one. Let’s be clear, this is exactly what Blake Masters wants, to completely ban abortions in Arizona and across the country - without even an exception for rape or incest. I will never stop fighting to restore these rights for Arizona women.”
Arizona Senate Democratic Leadership:
"This ruling is the outcome of a decades-long attack on women, reproductive health, and individual liberty. The Republican party that has delivered this blow to millions of Arizonans knows exactly the kind of hell they were crafting. This will kill women, break apart families, and trap so many into generational cycles of abuse and poverty. It is hateful and disgusting.
Out fight will continue despite Republican attacks. We will continue to fight for the rights of every Arizonan. No healthcare decision should be decided by the government."
Roman Catholic Diocese of Phoenix:
“We acknowledge that today’s ruling in Arizona is consistent with Catholic teaching that civil law must protect unborn children. We urge our government to uphold and defend all stages of human life from the moment of conception to natural death. We are also aware that no matter what happened today an appeal is also possible and we will be prayerfully watching future developments.“
Attorney General candidate Abe Hamadeh:
"As Attorney General, I vow to always interpret laws as written, and not use the office to distort the law into my personal beliefs. The court's latest ruling affirms the intent of the Legislature. The role of the Attorney General often is to seek clarity on behalf of the state when a statute is legally challenged. This defense shouldn't be a partisan exercise, but a core responsibility to the people of Arizona to defend laws as they exist, not based upon what they think the law should be."
