Following Abortion Rights Win, Legal Battle Intensifies to Overturn Arizona’s 15-Week Ban

Following the recent constitutional protections for abortion in Arizona, two local doctors, alongside Planned Parenthood, have initiated a lawsuit to invalidate the state’s 15-week gestational ban.

In November, more than 60% of Arizonans voted in favor of embedding abortion rights into the state constitution, granting access to the procedure generally up to fetal viability, typically around 24 weeks. However, this effort requires judicial intervention to overturn the existing ban, enacted in 2022.

On Tuesday, abortion advocacy groups, including the Center for Reproductive Rights and the American Civil Liberties Union, filed a lawsuit in Maricopa Superior Court. The plaintiffs, represented by the OB-GYNs and Planned Parenthood, argue that the 15-week ban violates the newly established constitutional protections.

The lawsuit asserts that without relief from this ban, Arizonans experience ongoing deprivation of their fundamental rights and suffer irreparable harm to their physical and psychological well-being.

Proposition 139 has now become part of the Arizona Constitution, as certified last week by Governor Katie Hobbs. This amendment prohibits any law that infringes on a woman’s right to access abortion services.

Attorneys highlighted that Proposition 139 guarantees access to abortions up to the point of fetal viability, directly challenging the constitutionality of the 15-week ban. They contend that the protections established by voters supersede the 2022 law.

While the amendment contains a narrow exception that allows state regulations based on evidence-based medical care, any such laws must prioritize patient health and uphold their autonomy. The lawsuit contends that the 15-week ban fails this two-part test.

The 2022 law imposes severe penalties on medical professionals who do not comply, including civil and criminal consequences. Those accused of violating the law have faced class 6 felonies, resulting in potential imprisonment and loss of licensure. The newly passed amendment explicitly forbids such punitive measures against healthcare providers willing to assist women in obtaining abortions.

Failure to eliminate the 15-week ban could create a chilling effect on medical professionals, inhibiting their ability to provide necessary care, which is now legally mandated.

The plaintiffs express that this ban forces them into a difficult position, where they must choose between denying necessary care past 15 weeks or facing severe legal repercussions. They argue that this undermines their ethical obligations and commitment to patient care.

As legal proceedings unfold, Arizona Attorney General Kris Mayes has aligned her office with the reproductive rights groups, deeming the 15-week ban unconstitutional in light of Proposition 139. Her office has committed to halting enforcement of the ban during litigation, further safeguarding medical professionals against prosecution.

The parties involved in the lawsuit view this legal agreement as a significant victory for patient rights. Dr. Eric Reuss, an OB-GYN in Scottsdale, expressed optimism that the courts will swiftly recognize the harms of the 15-week ban and move to strike it down.

Dr. Paul Isaacson of Family Planning Associates Medical Group echoed this sentiment, highlighting the need for Arizonans to have access to the care they deserve, especially in circumstances that threaten their health and autonomy.

***UPDATED: This story has been updated with additional comments and reporting.