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Planned Parenthood Arizona, Inc. v. Mark Brnovich

Citation: Not availableDocket: 2 CA-CV 2022-0116

Court: Court of Appeals of Arizona; December 29, 2022; Arizona; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves the legal challenge to Arizona's enforcement of A.R.S. 13-3603, which criminalizes abortion, following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade. The Arizona Attorney General moved to lift a long-standing injunction against A.R.S. 13-3603, prompting opposition from Planned Parenthood of Arizona and the Pima County Attorney's Office, who argued for harmonization with more recent abortion regulations in Title 36. The trial court granted the motion but limited its analysis to the constitutional principles underlying the original injunction, leading to an appeal. The appellate court determined that the trial court failed to consider the full legal landscape post-Dobbs, affirming that licensed physicians performing abortions under Title 36 are not subject to prosecution under A.R.S. 13-3603. The decision emphasizes harmonizing the statutes to reflect legislative intent, maintaining that newer regulations complement rather than repeal existing laws. The court partially reversed the trial court’s order and clarified that the legal framework allows for elective abortions up to fifteen weeks under specific conditions, aligning with Title 36's provisions. The ruling underscores the importance of statutory construction in preserving legislative intent and ensuring coherent legal standards without relying on prosecutorial discretion.

Legal Issues Addressed

Attorney Fees and Costs

Application: PPAZ's request for attorney fees was denied due to lack of explanation, but they are entitled to costs as the prevailing party.

Reasoning: Regarding attorney fees, PPAZ's request for fees under various statutes is denied due to a lack of supporting explanation, but as the prevailing party, it is entitled to costs as per Rule 21 of the Arizona Rules of Civil Appellate Procedure.

Harmonization of Statutes

Application: A.R.S. 13-3603 and Title 36 can be interpreted in harmony to allow licensed physicians to perform abortions under Title 36 without facing prosecution.

Reasoning: The court finds that the statutes can be reconciled, permitting physicians to perform abortions according to Title 36 without prosecution under A.R.S. 13-3603, negating the need for a remand.

Implied Repeal Doctrine

Application: The court rejects the notion of implied repeal of A.R.S. 13-3603, emphasizing statutory harmony over repeal.

Reasoning: The court agrees that reconciliation is possible but disagrees that a conflict necessitates the repeal of either statute.

Statutory Construction and Legislative Intent

Application: The court must interpret statutes in a manner that reflects legislative intent, ensuring that newer regulations enhance rather than nullify existing laws.

Reasoning: Statutory construction aims to discern and apply legislative intent, calling for an interpretation that harmonizes related statutes, even if enacted at different times.

Termination of Injunction under Rule 60

Application: The trial court erred by not considering the broader legal changes since the Roe v. Wade decision when terminating the injunction against A.R.S. 13-3603.

Reasoning: The appellate court found that the trial court erred by not considering whether the injunction should be modified in light of current law beyond the Dobbs decision.