Tucson Standard

Pima County Superior Court Judge Kellie Johnson has upheld Arizona's total ban on abortions, ruling against Planned Parenthood of Arizona's argument that Arizona's territory-era abortion ban had been replaced when lawmakers approved a ban on abortions after 15 weeks of pregnancy.

Under the 1864 statute, the only exception to the abortion ban is to save the life of the mother, with no exceptions in cases of rape or incest.

Tucson Mayor Regina Romero called the ruling "a punch in the gut for women and people who can become pregnant," in a Twitter post Sept. 23.

The old law was never repealed after the advent of the Supreme Court's "Roe v. Wade" ruling in 1973, but it could no longer be enforced.

In her ruling, Pima County Superior Court Judge Kellie Johnson wrote that "the injunction to harmonize laws not in existence" when the injunction request was filed would be "procedurally improper."

“We applaud the court for upholding the will of the legislature and providing clarity and uniformity on this important issue,’’ Attorney General Mark Brnovich said in a statement published in a story by the Arizona Daily Star. “I have and will continue to protect the most vulnerable Arizonans.’’

Pima County Attorney Laura Conover also issued a statement arguing against Johnson's ruling.

“Having a near complete ban on abortion procedures puts people at risk,” Conover wrote. "Additionally, the near total ban provides no consideration for victims of rape and incest, making society more vulnerable to these violent crimes. My priorities as Pima County Attorney are public safety and public health. I join our Sheriff and our Tucson Police Chief in reassuring the residents of Pima County of those priorities.”

Johnson went on to explain that resolving the issue of abortion in Arizona was not relevant to the case, and therefore not within her purview.

"While there may be legal questions the parties seek to resolve regarding Arizona statutes on abortion, those questions are not for this court to decide here,'' she wrote.

Romero went on to disagree in other Twitter posts.

"It sends a wrecking ball into the foundation of our rights to make decisions about our own lives and our own #bodilyautonomy," she said in one post.

Phoenix Mayor Kate Gallego also argued against the state going back to an archaic territorial statute.

"Today’s ruling by Pima County Superior Court is deeply disappointing. Reverting to a territorial law is absurd," she said. "I stand firmly with members of the city council who believe, as I do, that Phoenix remains pro-choice, and nothing should prevent women from accessing health care."

Brittany Fonteno, CEO of Planned Parenthood Arizona, vowed to continue the fight.

"We know that today’s ruling does not reflect the will of the people, as Arizonans are overwhelmingly in favor of abortion access," she said in a story by KGUN. "This is not the end of the fight, this harmful ban has no place in Arizona and we will persist until that is achieved.”