An Arizona Superior Court judge ruled that a pre-statehood ban on abortions can be enforced. Judge Kellie Johnson granted a request by the state's attorney general to lift an injunction against the ban put into place when the Supreme Court ruled in Roe v. Wade in 1973. With the injunction lifted, the law banning abortions is effectively reinstated.
"The court finds that because the legal basis for the judgment entered in 1973 has now been overruled," Johnson wrote, citing the Supreme Court's recent Dobbs decision, "it must vacate the judgment in its entirety."
In her ruling, the judge also stated the Arizona legislature has passed several statutes concerning abortion in the nearly 50 years since the injunction and those laws will now become precedent. The judge made specific mention of a 2021 law in which the Arizona legislature criminalized all abortions except to save the life of the mother.
References
- Judge Kellie Johnson's Rulingazag.gov
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