Reproductive rights advocates have filed a lawsuit in Maricopa County Superior Court to challenge Arizona's 15-week abortion ban. The lawsuit, brought by the ACLU, Planned Parenthood, and the Center for Reproductive Rights, argues that the ban interferes with pregnant Arizonans' fundamental right to abortion and individual autonomy. The ban conflicts with a recent constitutional amendment approved by voters to expand access to abortion up to fetal viability.
The 15-week ban was approved by the Republican-controlled Arizona Legislature before the U.S. Supreme Court overturned Roe v. Wade in 2022. However, it did not go into effect until after the ruling. Arizona's Democratic Attorney General has agreed not to enforce the ban while the lawsuit is ongoing.
Arizona Governor Katie Hobbs has called for the ban to be removed from the books, stating that Arizonans support reproductive freedom. The lawsuit also seeks to undo the ban's enforcement mechanisms, which could lead to criminal charges against providers who perform abortions beyond 15 weeks, except in medical emergencies.
The lawsuit is part of a broader effort to dismantle existing laws that reproductive rights advocates view as too restrictive. 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.
The ballot measure in Arizona expands access to abortion up to fetal viability, allowing abortions after viability if necessary to protect the physical or mental health of the mother or to save her life. Most abortions in the U.S. occur early in pregnancy, with 93% taking place in the first 13 weeks.
Reproductive rights groups have signaled their intention to challenge other laws that conflict with the ballot measure, including a law requiring patients to have an ultrasound at least 24 hours before an abortion. In Missouri, Planned Parenthood affiliates have also filed a lawsuit challenging abortion restrictions after a ballot measure passed.
Overall, the legal battles over abortion rights continue to unfold in various states, with advocates on both sides of the issue actively engaged in the debate.