Judge blocks key parts of new Arizona abortion law

PHOENIX (AP) - A state judge on Tuesday blocked implementation of several key parts of a new Arizona law restricting abortions, while allowing a few provisions to take effect.

The preliminary injunction issued by Judge Donald Daughton of Maricopa County Superior Court allows a 24-hour waiting period to take affect, but he blocked requirements that a woman see a doctor in person for advance disclosures before getting an abortion.

The so-called "informed consent" consultation can be by telephone and by a qualified staff member, Daughton said in his ruling granting most of a request by Planned Parenthood, the state's major abortion provider.

The state judge also blocked provisions prohibiting nurse practitioners from performing surgical abortions, requiring the notarizing of parental consent forms and expanding an existing law that now permits health-care workers to refuse to participate in abortions.

The expansion would cover any involvement, not just active participation, as well as emergency contraception.

Planned Parenthood argued that the requirements for the waiting period and in-person disclosures by a physician would effectively mean many women couldn't have abortions, in some cases because of difficulties in making two trips.

Supporters of the law said disclosures and waiting period would ensure women receive information they need to decide whether to have an abortion and have time to reflect on that decision.

Surviving portions of the law were to take effect at 12:01 a.m. Wednesday.

Along with a truncated 24-hour waiting period requirement, those include specific advance disclosures required before abortions, criteria for judges to consider when deciding whether to exempt juveniles from parental consent requirements and restricting when payment can be sought from a woman obtaining information about getting an abortion.

Later Tuesday, a federal judge refused to issue a preliminary injunction in a separate, narrower challenge sought by other abortion providers and abortion-rights supporters.

While refusing to block implementation of the waiting period and informed consent requirements, U.S. District Judge David Campbell said he would ask the Arizona Supreme Court for an interpretation under state law of the payment restriction.

Campbell refused to issue the preliminary injunction requested in the federal case, saying the challengers hadn't shown they would prevail once the case is finally decided.

However, the state judge's brief order said the challengers in the state case had a "strong likelihood of success on the merits" and had met other state-set criteria that include the possibility of irreparable damage from the law.

"The government has erected barriers that deny citizens the ability to make their own health care decisions. We are grateful the court has put this law on hold," Planned Parenthood Arizona President Bryan Howard said after Daughton ruled.

A leading supporter of the law expressed disappointment with Daughton's order.

"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.

A Planned Parenthood attorney had argued during Tuesday's hearing before Daughton that challenged parts of the law violate state constitutional protections for a person's "private affairs" and equal privileges under the law.

While other states' similar laws have been upheld by federal courts, "the federal cases don't control under the Arizona Constitution," attorney Eve C. Gartner said. "All that matters here is Arizona law, not the rulings in other states."