Reproductive rights advocates filed a lawsuit on Tuesday in Arizona to overturn a 15-week abortion ban, arguing it conflicts with a recently approved constitutional amendment expanding abortion access up to fetal viability. The lawsuit, filed in Maricopa County Superior Court, represents a significant challenge to restrictive abortion laws in the state.
Key Players and Legal Arguments
The lawsuit was brought by the American Civil Liberties Union (ACLU), Planned Parenthood, and the Center for Reproductive Rights, representing Planned Parenthood Arizona and two physicians. It challenges the 15-week ban passed by the Republican-controlled legislature in 2022.
Advocates argue the law infringes on the constitutional right to abortion upheld by Arizona voters in the 2024 general election. “Further action is needed to effectuate the amendment’s promise,” said Rebecca Chan, an ACLU attorney.
The suit also seeks to dismantle enforcement mechanisms in the law, which could lead to criminal charges and license revocations for physicians performing abortions beyond 15 weeks, except in medical emergencies.
Political and Legal Context
The 15-week abortion ban went into effect after the U.S. Supreme Court overturned Roe v. Wade in 2022. However, Arizona Attorney General Kris Mayes, a Democrat, has agreed not to enforce the law while litigation continues.
Governor Katie Hobbs expressed support for the lawsuit. “Arizonans made it clear they support reproductive freedom,” she said. “There’s no question this ban should be removed from our laws.”
The amendment, approved by voters, allows abortion access up to fetal viability—typically after 21 weeks—and permits exceptions to protect the mother’s health or life.
Reproductive Rights Advocacy and Opposition
Reproductive rights groups have signaled they will continue to challenge restrictive abortion laws, including Arizona’s 15-week ban and requirements for mandatory ultrasounds before procedures.
Cathi Herrod, president of the socially conservative Center for Arizona Policy, criticized the lawsuit, saying it demonstrates “little regard for the life of an unborn child.” Her group has vowed to intervene where possible.
