Brief Timeline of the legality of Abortion in Arizona up to August 30th 2022, prepared by Dr. Greg J. Marchand MD:
1864 – Arizona as a territory (not yet a state) passes A.R.S. § 13-3603, banning all abortions with a minimum sentence of two years imprisonment for a physician performing an abortion.
1973 – Following Roe V. Wade, laws banning abortion in the first trimester are declared unconstitutional in the U.S. The enforcement of A.R.S. § 13-3603 is stopped by an Arizona court injunction following the rulings in Nelson v. Planned Parenthood and Roe v. Wade. This effectively legalized abortion up to viability (23-24 weeks) in Arizona.
April 2012 – The Arizona legislature passes HB 2036, making Abortion illegal in most cases after 20 weeks.
February 2022 – The Arizona legislature passes SB 1164, making Abortion illegal in most cases after 15 weeks. This would become law 90 days after the end of the legislative session. (September 24th 2022) The law explicitly says it does not overrule A.R.S. § 13-3603.
June 24th 2022 – The US Supreme Court overturns Roe V. Wade. All abortion providers in Arizona immediately “pause” abortion services to investigate the legality of continuing abortion services. There is no immediate change in the status of the injunction against A.R.S. § 13-3603, and SB1164 is not set to go into effect until September 24th 2022 (timed to be enforced 90 days after the end of the legislative session.)
July 13th 2022 – Mark Brnovich (Arizona Attorney General) files a motion to lift the 1973 injunction against A.R.S. § 13-3603 following the Supreme Court’s decision to overturn Roe V. Wade. (This is still in litigation as of August 30th 2022.)
July 18th 2022 – While the Planned Parenthood website still states that abortion services are “paused” in Arizona, at least one private physician restarts the practice of abortion in Arizona, advertising on his website “We are currently providing Medication Abortion up to 11 weeks of pregnancy.” (https://fpamg.com/) This appears to be legal while the injunction on A.R.S. § 13-3603 is still in place, despite the current lawsuit to lift the injunction. (This later changed to 15 weeks.)
August 18th 2022 – Two practices in AZ are known to return to performing terminations. Discussed with FPA office – they are performing up to 16 weeks, and Camelback is performing up to 20 weeks. (1. Family Planning Associates Medical Group Office Address: 1331 N. 7th Street Suite 225 Phoenix, AZ 85006 Phone Numbers: Ph: 602-553-0440, 2. Camelback Family Planning: Address 4141 N 32nd Street Suite 105 Phoenix, AZ 85018 Phone 602.279.2337)
August 28th 2022 – Planned Parenthood still has not returned to providing abortion services in Arizona despite it’s apparent legality and two other private practices. When called, Planned Parenthood stated that their “Practitioners were not willing” to go back to performing abortion procedures at this time because of questions of legality.
August 30th 2022 – Opinion from Dr. Greg J. Marchand MD: So why would a major political organization with a literal army of lawyers at their command be afraid to restart abortion services when several Phoenix OBGYN groups (camelbackfamilyplanning.com and fpamg.com) have restarted? I believe the answer is found with the physicians who work for Planned Parenthood. “In my fifteen years of experience in working with patients who have been treated by Planned Parenthood, I have never known them to spend the money to hire a true board certified OBGYN,” said Dr. Greg Marchand, a leading area OBGYN. “Instead, they hire newly licensed residents to ‘moonlight’ or make a little extra money on the side doing terminations. This may very well be the reason I have had to surgically intervene on several complications arising after women received terminations at their facilities. I believe that is the only reason they have not resumed termination services – because the residents that work at their facilities are terrified of the scrutiny of the medical board as they are newly licensed and essentially working unsupervised. The board certified OBGYN’s providing terminations in this area are experienced and board certified, and thus have no such concern. As a result, abortion may be legal in Arizona right now, but Planned Parenthood is shut down.