Az Supreme Court Urged by Right to Life to Halt Abortion Rights Initiative from Ballot

An anti-abortion organization, Arizona Right to Life, is seeking intervention from the Arizona Supreme Court to prevent a ballot measure that would amend the state constitution to enshrine the right to abortion. The group, having failed to convince a trial court of its claims that the campaign for the Arizona Abortion Access Act misled voters, has appealed that decision.

On August 6, the trial court dismissed Arizona Right to Life’s lawsuit, prompting the swift appeal. The organization argues that the 200-word summary provided during petition signature collection was misleading, thus questioning the validity of the signatures collected for the ballot.

The Arizona Secretary of State’s Office confirmed that the Abortion Access Act garnered over 820,000 signatures, with approximately 578,000 confirmed valid—exceeding the 384,000 needed for qualification. Should voters approve the measure, it would secure the right to an abortion up to around 24 weeks of gestation and allow exceptions based on the health care provider’s judgment.

In the appeal, attorney Jennifer Wright contends that the summary’s use of “health care provider” rather than the more specific “treating health care provider” misrepresents who can authorize an abortion past the viability stage. Wright, who has a background in Arizona’s legal system, also represents Kari Lake in ongoing political lawsuits.

Wright’s assertions that the mental or physical health exceptions would effectively permit any abortion until birth echo a common argument among anti-abortion advocates. However, Judge Melissa Iyer Julian defended the summary, emphasizing that medical decisions are typically made by the provider actively treating a patient.

Arguments about the implications of the initiative on existing abortion laws were also rejected by the trial court. Judge Julian stated that such concerns should be addressed in public discourse rather than judicial proceedings. Currently, Arizona enforces a 15-week gestational limit that may be overturned if the measure passes.

The proposed amendment also stipulates that no legal frameworks should impede access to abortion before or after fetal viability. Arizona Right to Life expresses concern that this could lead to a total ban on abortion regulations, allowing unlicensed providers to perform procedures that jeopardize patient safety.

Arizona Right to Life participated in a “Decline to Sign” campaign to dissuade voter support for the Abortion Access Act, resulting in its defeat. Dawn Penich, a spokesperson for the pro-abortion rights campaign, criticized the group for pursuing arguments already dismissed by the trial court and expressed hope that the Arizona Supreme Court would permit voter input on the matter.

Amidst these developments, Justice Bill Montgomery of the Arizona Supreme Court remains under scrutiny due to his previous comments regarding Planned Parenthood. Montgomery has stated he does not consider his views on abortion to impede his capacity to maintain impartiality in related cases.