PHOENIX — Advocates for reproductive rights launched a legal challenge against Arizona on Tuesday in an effort to overturn a 15-week abortion prohibition that they argue contradicts a newly passed constitutional amendment aimed at enhancing access to abortion services until fetal viability is reached.
The lawsuit, filed in Maricopa County Superior Court by the American Civil Liberties Union, Planned Parenthood, and the Center for Reproductive Rights, represents the local Planned Parenthood chapter and two medical professionals. The plaintiffs claim that the law infringes upon the fundamental right to abortion and the personal autonomy of pregnant individuals in Arizona. This action marks the beginning of broader efforts to amend what they consider excessively restrictive regulations in the state.
The Arizona legislature, under Republican control, had established the 15-week abortion ban months prior to the Supreme Court’s decision to overturn Roe v. Wade in 2022. However, the ban was not enforced until after the ruling. Democratic Attorney General Kris Mayes announced that he would not implement the 15-week restriction during the litigation process, according to his spokesperson, Richie Taylor.
Governor Katie Hobbs, a Democrat, expressed her support for the lawsuit, stating that the ban should be eliminated from Arizona’s legal framework. In her statement, she emphasized that “Arizonans made it clear that they support reproductive freedom,” and highlighted the need to revoke any bans without exceptions for cases of rape or incest. She also lauded the efforts of Arizonans working towards enforcing the constitutional protections available to them.
The lawsuit aims not only to invalidate the 15-week ban itself but also to dismantle its enforcement provisions, which could result in criminal liability for healthcare providers who perform abortions past the 15-week mark, except in certain medical emergencies. Medical practitioners found in violation of the ban might face disciplinary actions, including suspension or revocation of their medical licenses.
According to ACLU attorney Rebecca Chan, the amendment does not automatically eliminate existing prohibitive laws, indicating that further legal action is necessary to actualize the amendment’s intent. She elaborated, “And so that’s really what this 15-week ban challenge is.”
Arizona joined a handful of states where voters made significant strides in establishing abortion rights through ballot measures in the 2024 general elections. Furthermore, Nevada voters ratified an amendment to secure existing abortion rights within its constitution, although it must be approved again in 2026 for it to take full effect. New York also succeeded in passing a measure against discrimination based on “pregnancy outcomes.”
The push for the Arizona ballot measure gained traction following a state Supreme Court ruling in April that affirmed the legality of a nearly total abortion ban from 1864. This ruling prompted some Republican lawmakers to collaborate with Democrats to repeal the historic law before it could take effect.
The amendment extends abortion access through fetal viability—the stage when a fetus could potentially survive outside the womb, typically occurring after the 21st week of pregnancy. Abortions may also be permitted post-viability if deemed necessary to protect the woman’s physical or mental health or her life.
Most abortions are carried out early in the pregnancy phase. Data from the U.S. Centers for Disease Control and Prevention revealed that in 2022, 93% of abortions occurred within the first 13 weeks nationwide. However, certain states, including California, were not included in this data, where advocates suspect a higher incidence of later-term abortions.
The certification of ballot results on November 25 cleared the way for legal disputes regarding laws that conflict with the new amendment. This includes legislation requiring patients to undergo an ultrasound at least 24 hours prior to an abortion, giving them the option to view the imaging and receive an explanation of its contents.
In light of these developments, reproductive rights organizations indicated their intent to challenge the 15-week abortion ban.
Cathi Herrod, the president of the Center for Arizona Policy, a socially conservative organization, expressed her disapproval, stating that groups like Planned Parenthood and the ACLU exhibit a lack of concern for the rights of the unborn. She previously noted her organization’s intention to intervene in the matter where deemed necessary.
Across many Republican-led states, bans and restrictions on abortion have become commonplace, provoking a fierce backlash from abortion rights advocates.
In Missouri, immediately after the passage of a ballot measure aimed at dismantling abortion restrictions, Planned Parenthood affiliates initiated a lawsuit. The situation differs significantly, as Missouri maintains a total abortion ban, with no clinics currently offering the procedure. A hearing regarding this matter is set for Wednesday.
Missouri’s Republican Attorney General, Andrew Bailey, stated in a legal opinion that he intends to enforce certain laws that limit abortion access, despite the voter approval of a constitutional amendment anticipated to override the state’s almost absolute restriction on the procedure.
