Abortion bans in Arizona and Ohio were temporarily put on hold by judges, allowing procedures in the states to continue while the nonprofit Planned Parenthood challenges the new restrictions in court.
An Arizona appeals court on Friday put on hold the state’s strict ban on abortion, an 1864 law that took effect after Roe v. Wade was overturned by the U.S. Supreme Court in June.
The unanimous ruling by a three-judge panel means a more recent ban on abortion after 15 weeks of pregnancy will be enforced instead while the case proceeds. Planned Parenthood argued the conflicting state laws made access to abortion unclear.
“The balance of hardships weigh strongly in favor of granting the stay, given the acute need of healthcare providers, prosecuting agencies, and the public for legal clarity as to the application of our criminal laws,” the court wrote. “Notably, in the underlying litigation both parties sought some form of such clarification from the court.”
The appeals court set a hearing for Oct. 11 before Presiding Judge Peter Eckerstrom “to determine whether this matter should be accelerated and to set a briefing schedule.”
In Ohio, a judge with the Hamilton County Court of Common Pleas on Friday said it will grant a request by abortion providers for a preliminary injunction against Senate Bill 23, which bans abortion at about six weeks of pregnancy in the state. The court had previously issued a temporary restraining order against the law on Sept. 14. The new ruling means abortion up to 22 weeks will continue to be legal during the litigation.
“We are thrilled with this second major victory and relieved that patients in Ohio can continue to access abortion as we work to fight this unjust and dangerous ban in court,” Planned Parenthood Federation of America and the American Civil Liberties Union said in a joint statement. “We’ve already had a glimpse of the harm caused by Senate Bill 23 when it was in effect this summer, and we can’t go back.”
Steve Irwin, press secretary for Ohio Attorney General Dave Yost, said in an email: “We will wait and review the judge’s actual written order and consult with the Governor’s administration as far next steps.”
Arizona Attorney General Mark Brnovich didn’t immediately respond to requests for comment. Both attorneys general are Republicans.
