Abortion Rights Advocates Take Action Against 15-Week Ban in Bold Legal Challenge

The constitutionality of Arizona’s 15-week abortion ban is under scrutiny as two physicians, alongside the ACLU and abortion-rights groups, challenge the law. Arizona Attorney General Kris Mayes concurs that the ban violates the state Constitution, which was altered by a voter-approved initiative affirming abortion rights.

Currently, there is no formal opposition to the lawsuit, with the state supporting the case. However, that could shift. Cathi Herrod, president of the Center for Arizona Policy, indicated potential plans to contest the lawsuit, calling the filing “not a surprise.” Yet, as of Tuesday, Herrod stated the organization is still assessing whether to intervene.

“It remains to be determined,” she noted, highlighting the need for deeper analysis before taking action. The involvement of state legislators remains uncertain as well, with Senate Republicans not confirming any plans to intervene in the lawsuit on behalf of the Senate.

The ACLU, joined by the Center for Reproductive Rights and Planned Parenthood, filed the lawsuit, asserting that the 15-week ban contradicts Proposition 139, which was passed by a significant 61.6% of voters. This proposition embeds a right to abortion within the state’s Constitution.

Mayes has agreed to postpone enforcement of the 15-week ban for 30 days following the resolution of the litigation, effectively making the law ineffective as of Tuesday.

The complaint brings attention to new constitutional standards that assert, “the State shall not enact, adopt or enforce any law” that limits abortion access before fetal viability unless a compelling state interest exists and is pursued by the least restrictive means.

This compelling state interest is defined specifically to enhance or preserve the health of individuals seeking abortion care while respecting their autonomy in decision-making.

The plaintiffs’ attorneys argue that the 15-week ban fails this test, claiming it restricts access without demonstrating a legitimate public health benefit and infringes upon individual rights.

Additionally, they reference a constitutional provision that protects those helping pregnant individuals to access abortion rights. This could invalidate the penalties outlined in the 15-week ban, including class 6 felony charges against physicians who violate it.

“This is a straightforward issue. We passed an initiative that guarantees a fundamental right to abortion, and this law directly conflicts with that,” stated Lauren Beall, an attorney for ACLU Arizona. “There’s not really any room for misunderstanding.”

While the initial focus is on the 15-week ban, Beall noted that several other laws potentially infringing upon abortion rights may warrant future legal challenges or legislative repeal.

“Arizona has a history of legislators attempting to restrict abortion access. Even during Roe v. Wade, efforts were made to limit this right. We anticipate continued opposition and are prepared to counter it effectively,” Beall added.