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Arizona Court of Appeals blocks enforcement of Civil War-era abortion ban pending appeal resolution

The judge on the case said, "Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes."

ARIZONA, USA — The Arizona Court of Appeals on Friday blocked enforcement of the state's Civil War-era abortion ban pending the resolution of an appeal by Planned Parenthood of Arizona. 

Presiding Judge Peter J. Eckerstrom wrote in court documents that "Arizona courts have a responsibility to attempt to harmonize all of this state’s relevant statutes. The court further concludes 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."

Last week, Planned Parenthood Arizona requested to halt a Pima County Superior Court's ruling that lifted the injunction on the state's pre-statehood abortion ban but it was denied.

Planned Parenthood said the court's ruling has allowed conflicting laws to take effect and has caused immediate confusion as to the status of abortion access in Arizona.  

RELATED: Arizona judge denies Planned Parenthood's request to halt ruling on near-total abortion ban

RELATED: 'Doesn't make sense': Legal expert questions ruling that revived Arizona's 158-year-old abortion ban

A telephone conference is scheduled for Tuesday to determine whether the matter should be accelerated and to set a briefing schedule, according to court documents. 

Planned Parenthood Arizona in a statement Friday said in part:

Today, a three-judge panel of the Arizona Court of Appeals granted Planned Parenthood Arizona’s request for an emergency stay of the Pima County Superior Court’s September 23rd ruling that lifted an injunction on the state’s nearly 150-year-old abortion ban. The stay temporarily blocks enforcement of the ban while Planned Parenthood’s appeal proceeds, allowing abortion care to resume, effective immediately. 

“While today’s ruling brings temporary respite to Arizonans, the ongoing threat of this extreme, near-total abortion ban that has no regard for the health care of those across the state, including survivors of rape or incest remains very real,” said Brittany Fonteno, President and CEO of Planned Parenthood Arizona.

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