Arizona judge rules 19th-century abortion ban can now go back into effect after Dobbs decision

632f4a34a5777632f4a34a5778From The Washington Post:

An Arizona judge revived a ban on abortion that dates back to the mid-19th century, lifting a decades-old injunction that means the procedure is effectively illegal in the state at all times except when a pregnant person’s life is at risk.

Pima County Superior Court Judge Kellie Johnson’s ruling was released Friday, a day before a law that restricts abortions after 15 weeks of pregnancy was due to take effect. The conflicting restrictions on abortion had created confusion, with Arizona Attorney General Mark Brnovich (R) pushing to enforce the tougher prohibitions and Gov. Doug Ducey (R) previously insisting that the 15-week ban was the law of the land.

Johnson cited the U.S. Supreme Court’s decision in June to overturn Roe v. Wade, which established a fundamental right to abortion, as rationale for lifting the injunction. Roe had been the basis of the 1973 injunction that prevented bans on abortion from being enforced, Johnson ruled. And because the nation’s highest court had returned decisions on the procedure to Congress and the states, that injunction can also be annulled, she wrote.