PHOENIX — Today, a Maricopa County Superior Court judge permanently blocked the state’s ban on abortion after 15 weeks of pregnancy. The case, filed in Maricopa County Superior Court, asserts that the ban is unconstitutional because it denies Arizonans’ access to abortion care in violation of the state’s 2024 constitutional amendment protecting the fundamental right to abortion.
The ruling permanently blocks this ban, which Attorney General Kris Mayes agreed not to enforce under a December stipulation in which both the State and abortion providers agreed that the ban is unconstitutional. The stipulation allowed doctors across the state to begin providing care after 15 weeks of pregnancy shortly after Proposition 139, the Arizona Abortion Access Act, was certified and added to the state constitution.
The Arizona Abortion Access Act (Proposition 139) restored Arizonans’ right to control their own bodies and medical decisions, enshrining the right to abortion into the state constitution. It was overwhelmingly approved by voters, who declared that politicians have no place in Arizonans’ reproductive health decisions.
The case was brought by Dr. Eric M. Reuss, M.D., M.P.H., Dr. Paul A. Isaacson, M.D., and Planned Parenthood Arizona, Inc., represented by the American Civil Liberties Union, the ACLU of Arizona, Planned Parenthood Federation of America, the Center for Reproductive Rights, and Perkins Coie LLP.
Statement from Lauren Beall, staff attorney, ACLU of Arizona:
“Today’s ruling to permanently block Arizona’s 15-week ban is an important milestone to protect access to abortion in Arizona. Arizonans made it clear that politicians have no business interfering with private medical decisions related to pregnancy and abortion care when they voted to enshrine the right to abortion in the state constitution. We are committed to working with providers and partners to ensure that all of Arizona’s laws fall in line with the will of the people.”
Statement from Rebecca Chan, staff attorney, ACLU Reproductive Freedom Project:
“Arizonans made it crystal clear that reproductive freedom is a core value in their state by passing Prop 139 in November, establishing a fundamental constitutional right to abortion. While this was a monumental win for the health and rights of people across the state, it was just the first step. While we celebrate today’s court order blocking Arizona’s abortion ban, we know that Arizonans will still need to navigate barriers to care that are medically unnecessary and undermine the will of the people.”
from Dr. Eric M. Reuss, M.D., M.P.H., obstetrician and gynecologist, Scottsdale Obstetrics & Gynecology, P.C.:
“We’re relieved that Arizona’s harmful abortion ban has been permanently blocked. For two years, I’ve seen firsthand how our state’s abortion ban has harmed my patients, with countless lives and futures changed because politicians thought their views of the right health care was more important than pregnant people and their medical providers. What we owe Arizonans is top-quality health care, full stop – not forcing them to wait for severe pregnancy complications to get worse before they can get care. Today’s decision will help pave the way for a future in which all Arizonans have access to the fundamental care they need.”
Statement from Dr. Paul Isaacson, M.D., obstetrician and gynecologist, Family Planning Associates Medical Group:
“For nearly three years, my hands were tied because of this cruel ban. It is a relief to no longer have to turn away patients from essential health care. All Arizonans deserve to make their own health care decisions with their doctors, without political interference. I will continue to provide the full spectrum of reproductive health care my patients need for their health and their futures – including abortion.”
Statement from Dr. Misha Pangasa, physician, Planned Parenthood Arizona:
“This is a huge moment for Arizonans, who voted to enshrine abortion access in the state constitution by passing Proposition 139 to stop the government from interfering in people’s health decisions. As an OBGYN who provides comprehensive reproductive healthcare, including abortion care, I firmly believe that people should be able to get care in their own communities, in a manner that is best for them, with the people they trust. This is why we at Planned Parenthood Arizona have been fighting tirelessly for the health and rights of our patients and we are proud to now be serving our community by providing abortion care beyond 15 weeks of pregnancy.
Statement from Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America:
“Today’s ruling demonstrates the power of direct democracy to create real, lasting changes for abortion access. With their vote on Proposition 139, Arizonans rejected the state’s abortion ban, saying decisively that the only people qualified to make pregnancy decisions are patients and their health care providers, not politicians. By permanently voiding the state’s 15-week abortion ban, this court brought Arizonans closer to achieving reproductive freedom for every person. Planned Parenthood Federation of America and our partners will continue our work to ensure that the promise of Proposition 139 is fulfilled.”
Statement from Nancy Northup, president and CEO, Center for Reproductive Rights:
“Today’s ruling is a people’s victory. Arizona voters made clear in November that they want their fundamental reproductive rights protected, including abortion access. This is democracy at work. Patients and providers can finally move forward without the lingering threat of this unjust ban. But barriers to abortion access in Arizona remain. Burdensome and pointless requirements leveled at abortion providers and mandatory waiting periods for patients continue to undermine the voters’ will. We will keep fighting to ensure that Arizonans get all the freedoms they voted for and rightfully expect.”
The court’s ruling can be found online here.
An overview of the case can be found here.
