Arizona judge dismisses lawsuit aimed at removing abortion rights from November ballots

PHOENIX – The initiative to put abortion rights on Arizona ballots this November will continue following a ruling on Monday.

Maricopa County Superior Court Judge Melissa Julian dismissed a lawsuit from anti-abortion group, Arizona Right to Life, after the organization argued that people who signed a petition to put abortion rights on the ballot were misled.

The issue arises from when Arizona for Abortion Access gathered 820,000 signatures in July from people who supported putting the right to an abortion on the ballot later this year.

Arizona Right to Life claims that some people who signed the petition may not have known what they were supporting and for that reason, the issue should be removed from the ballot.

The judge dismissed the case due to the issues raised by Arizona Right to Life being incorrect or insufficient, according to KTAR News 92.3 FM’s legal analyst, Barry Markson.

“Today, Arizona for Abortion Access prevailed in yet another challenge to our historic, citizen-led campaign, this time defeating the meritless challenge to the 200-word summary that appeared at the top of the petition sheets more than 820,000 Arizona voters signed,” Arizona for Abortion Access said in a statement on X.

“We aren’t surprised by this win because our opposition’s arguments had no basis in Arizona law and were nothing more than false political talking points.”

WE WON AGAIN! Every win brings Arizona voters one step closer to restoring and protecting our right to access abortion care, once and for all. pic.twitter.com/W2LdRuKS1F

— Arizona for Abortion Access (@azforaccess) August 6, 2024

Arizona Right to Life can appeal the decision.

“I would expect to see that this will continue and be on the ballot in November, but I think the process will continue and there will be an appeal before the Court of Appeals and an appeal potentially, to the Arizona Supreme Court, before this is finished,” Markson said.

What will happen if the Arizona Abortion Access Act is voted in?

If passed Proposition 139 will establish a fundamental right to abortion in Arizona. The state would not be able to interfere with this right before fetal viability, which is when a fetus has a significant likelihood of surviving outside the uterus, unless it has a compelling reason and does so in the least restrictive way possible. Arizona could not interfere with the good-faith judgement of a health-care professional that an abortion is necessary to protect the life or health of the pregnant individual. Additionally, the state can not penalize a person for aiding or assisting a pregnant individual in exercising the right to an abortion.

Abortion laws changed in June 2022, when the U.S. Supreme Court overturned Roe v. Wade, causing abortion laws to return to the states. This caused a bill signed by former Arizona Gov. Doug Ducey to go into effect and is still the law today.

Arizona law currently prohibits abortions after 15 weeks of pregnancy, with an exception for medical emergencies later in the term. There are no exceptions for cases of rape or incest. A doctor or anybody who assists in an illegal abortion could face 2-5 years in prison, but patients can’t be prosecuted.

Arizona is one of seven states that will have an abortion ballot measure this year. Colorado, Florida, Maryland, New York, Nevada and South Dakota all have abortion-related issues on its ballots.