County Superior Court Judge blocks key elements of new laws; acquiesces to abortion provider
Maricopa County Judge Donald Daughton acquiesced to Planned Parenthood’s motion to block implementation of the Abortion Consent Act (HB 2564), signed into law by Gov. Jan Brewer. In a preliminary injunction he allowed the 24-hour waiting period to take effect.
Planned Parenthood is the state’s major abortion provider.
Supporters of the law said disclosures and waiting period would ensure Arizona women receive information they need to decide whether to have an abortion and allows time to reflect on that momentous decision. ”We believe that the judge gave short attention to the needs of Arizona women — but this is round one,” said Cathi Herrod, president of the Center for Arizona Policy.
Daughton blocked provisions which prohibited non-doctors from performing surgical abortions, required parental consent forms for minors seeking abortions and those expanding an existing law permitting health-care workers to refuse to participate in abortions.
Planned Parenthood argued that the requirements for the waiting period and providing women seeking an abortion full and accurate information about the risks and alternatives to abortion would limit access to the procedure.
But U.S. District Judge David Campbell refused to issue a preliminary injunction in a separate, challenge sought by abortion providers and pro-abortion groups. In refusing to block implementation of the waiting period and informed consent requirements, Judge Campbell said he would ask the Arizona Supreme Court for interpretations of some aspects of the law. Judge Campbell said the challengers hadn’t shown they would prevail once the case is finally decided.
The AP report is available here.