ARIZONA NEWS

Arizona sued to undo 15-week abortion ban that conflicts with Proposition 139

Dec 3, 2024, 2:00 PM | Updated: Dec 4, 2024, 6:30 am

Dr. Paul Isaacson speaks as Arizona abortion-rights supporters gather for a news conference, July 3...

Dr. Paul Isaacson speaks as Arizona abortion-rights supporters gather for a news conference, July 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin, file)

(AP Photo/Ross D. Franklin, file)

PHOENIX (AP) — Reproductive rights advocates sued Arizona on Tuesday to undo a 15-week abortion ban that conflicts with a constitutional amendment recently approved by voters to expand access up to fetal viability.

The American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights filed the lawsuit in Maricopa County Superior Court on behalf of the local chapter of Planned Parenthood and two physicians, arguing the law interferes with pregnant Arizonans’ fundamental right to abortion and individual autonomy. It’s the first step in efforts to dismantle existing laws they say are too restrictive.

The Republican-controlled Arizona Legislature approved the 15-week ban months before the U.S. Supreme Court overturned Roe v. Wade in 2022, but it didn’t go into effect until after. Democratic Attorney General Kris Mayes agreed not to enforce the 15-week ban while the lawsuit plays out, spokesperson Richie Taylor said Tuesday.

Democratic Arizona Gov. Katie Hobbs said in a statement Tuesday that the ban should be removed from the books.

“Arizonans made it clear that they support reproductive freedom, and there is no question that a ban with no exceptions for rape or incest should be removed from our laws,” she said, adding that she is “glad Arizonans are working to finish the job and enforce the constitutional protections we now enjoy.”

Why reproductive rights advocates sued Arizona

The lawsuit also seeks to undo the ban’s enforcement mechanisms, which could lead to criminal charges against providers who knowingly or intentionally perform abortions beyond 15 weeks except in medical emergencies.

Physicians who violate the ban could face suspension or revocation of their medical licenses.

“The amendment itself does not sort of wipe the statute books clean, you know. Further action is needed in order to take that additional step to effectuate the amendment’s promise,” ACLU staff attorney Rebecca Chan said. “And so that’s really what this 15-week ban challenge is.”

Arizona voters passed Proposition 139 in the 2024 general election

Arizona was one of five states where voters approved ballot measures in the 2024 general election to add the right to an abortion to their state constitutions. Nevada voters also approved an amendment to codify its existing abortion rights in the state constitution, but they’ll need to pass it again in 2026 for it to take effect. Another that bans discrimination on the basis of “pregnancy outcomes” prevailed in New York.

The Arizona ballot measure gained momentum after a state Supreme Court ruling in April found that the state could enforce a near-total abortion ban adopted in 1864. Some GOP lawmakers joined with Democrats to repeal the law before it could be enforced.

More details on why reproductive rights advocates sued Arizona

The measure expands access to fetal viability — the point at which a fetus can survive outside the uterus. Though there’s no defined time frame for viability, doctors say it’s sometime after 21 weeks. It allows abortions after viability if they are necessary to protect the physical or mental health of the mother, or to save her life.

Most abortions happen early in pregnancy. The U.S. Centers for Disease Control and Prevention found that 93% of them nationally in 2022 were in the first 13 weeks, though that data does not include California and some other states where advocates believe a higher proportion of abortions are performed later in pregnancy.

The Nov. 25 certification of the general election opened the door for legal challenges to laws that conflict with the ballot measure, including a law that requires patients to have an ultrasound at least 24 hours before an abortion, with the option to view the image and hear an explanation of what it shows.

Reproductive rights groups signaled then that they would sue over the 15-week abortion ban.

“Clearly Planned Parenthood and ACLU and their allies have little regard for the life of an unborn child and the development of an unborn child,” said Cathi Herrod, president of the socially conservative Center for Arizona Policy. Herrod previously said the group would seek to intervene where appropriate.

Most Republican-controlled states have banned or restricted access to abortion, and abortion rights groups have pushed back.

In Missouri, Planned Parenthood affiliates sued immediately after a ballot measure there passed seeking to have bans and other abortion-restricting laws invalidated. The circumstances are different there because that state has a ban on abortion at all stages of pregnancy and no clinics are providing it. A hearing is scheduled for Wednesday.

Missouri’s Republican Attorney General Andrew Bailey wrote in an opinion that he will enforce some laws restricting abortion despite voter approval of a constitutional amendment widely expected to undo the state’s near-total ban on the procedure.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

One man has died and another is in critical condition after a shooting in west Phoenix on Tuesday, ...

Bailey Leasure

1 dead, 1 hospitalized after west Phoenix shooting

One man has died and another is in critical condition after a shooting in west Phoenix on Tuesday, authorities said.

20 minutes ago

Health care for prisoners in Arizona...

Associated Press

Lawyers for inmates ask judge to take over health care services in Arizona prisons

Lawyers for 25,000 people incarcerated in Arizona have asked a judge to take over health care operations in state-run prisons and appoint an official to run them, saying the state is not capable of fixing deep failures in care even though it has been required to do so over the last decade.

2 hours ago

Vehicle into a tanker...

KTAR.com

Man drove car into tanker in Glendale hoping it would blow up, police say

A man who wanted to kill himself drove his vehicle into a tanker in Glendale thinking it would blow up on Wednesday morning, authorities said.

3 hours ago

A bicyclist was killed in a collision with a driver suspected of impairment in Phoenix....

Kevin Stone

Bicyclist killed in crash involving driver suspected of impairment in Phoenix

A bicyclist was killed in a collision involving a driver suspected of impairment in Phoenix on Tuesday night, authorities said.

4 hours ago

Six headline acts will perform at the 2025 Chandler Ostrich Festival....

Payne Moses

Concert lineup finalized for 2025 Chandler Ostrich Festival

The sixth and final headline act for the 2025 Chandler Ostrich Festival concert series has been revealed.

5 hours ago

...

Sponsored Content by Bright Wealth Management

How updating your estate plan is crucial in saving money

As you map out your estate plan, mapping out beneficiaries and keeping it up to date is key in order for the most funds possible to be passed down with ease.

Sponsored Articles

...

Bright Wealth Management

How IRAs are a helpful tool in retirement planning

When it comes to retirement planning, individual retirement accounts (IRAs) can be a great tool for income growth.

...

Bright Wealth Management

How to start your retirement planning early and avoid costly mistakes

Retirement planning can feel overwhelming, but with the right guidance, you can avoid costly pitfalls.

...

Sanderson Ford

Sanderson Ford’s Operation Santa Claus: Spreading holiday cheer through pickleball

Phoenix, AZ – Sanderson Ford, a staple in the Arizona community, is once again gearing up for its annual Operation Santa Claus charity drive.

Arizona sued to undo 15-week abortion ban that conflicts with Proposition 139