Last week, U.S. District Court Judge David Bury refused to enjoin Arizona’s new restrictions on medication induced abortions set to take effect on April 1, while he decides the legal issues before him.
Judge Bury wrote that Arizona’s rules will not unduly burden a woman’s constitutional right to an abortion, since the alternative of surgical abortions remains available. The fact that some women may have to travel hundreds of miles to clinics, twice, under the restrictions, and that the process will cost more, he wrote, “do not qualify as irreparable harm.” Uh-huh.
Planned Parenthood of Arizona appealed the denial of an injunction to the Ninth Circuit Court of Appeals, which immediately granted the request for a temporary injunction to block the new state regulations from going into effect. 9th Circuit Temporarily Grants Block of New AZ Abortion Rules. Arizona Attorney General Tom “banned for life by the SEC” Horne moved the appellate court to set aside its temporary injunction and allow the new state regulations to go into effect. Horne asks court to lift a stay on enforcing new abortion restrictions.
The Ninth Circuit Court of Appeals has denied Horne’s motion. Appeals court extends injunction blocking new state abortion restrictions:
In a brief order Tuesday, the 9th U.S. Circuit Court of Appeals said it is possible some women in Arizona will suffer “irreparable harm” if their access to certain kinds of abortions is curbed while the legality of the law is litigated, so it issued an injunction blocking the law from taking effect until arguments on the issue are heard. That will not happen until May 12.
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In its unsigned order, the three-judge panel said the law “raises serious legal questions” of whether the statute creates an “undue burden” on women who want to terminate a pregnancy.
The Ninth Circuit Court of Appeals will only determine whether the injunction blocking enforcement of the new state regulations will remain in place pending a final determination of the matter in the U.S. District Court for Arizona, currently before U.S. District Court Judge David Bury.
Another legal action in state court is pending:
Jennifer Miller, spokeswoman for the Center for Reproductive Rights, which is representing the Tucson Women’s Clinic, said Tuesday a lawsuit is being filed in state court saying lawmakers acted illegally in deciding that Arizona’s abortion rules will be governed by an outside agency, in this case the FDA. They also contend the Department of Health Services did not follow proper procedures when crafting the rules to implement the 2012 law.
In case you missed Stephen Lemons cover story on Cathi Herrod and the Center for Arizona Policy last week in the Phoenix New Times, here is a link. Cathi Herrod’s Evil Anti-Gay Juggernaut . The Doctor Evil cover is a classic.
The National Christian Charitable Foundation funds both the Center for Arizona Policy (CAP) and its legal arm ally, the Alliance Defending Freedom, also based in Arizona.