A scale and gavel
Arizona’s 15-week abortion restriction is unenforceable after a Maricopa Superior Court judge found it unconstitutional.
In a brief ruling, judge Frank Moskowitz ruled that “permanently and forever” legislators may not implement or enforce any regulation that would impose a 15-week restriction.
Last year, conservative groups worked to keep various abortion bans in play. A now repealed near-total abortion ban from 1864 and a 15-week restriction are gone while the state’s newest constitutional amendment prevails, promising access up until fetal viability.
“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," Misha Pangasa, a physician at Planned Parenthood Arizona, said. "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."
The lawsuit was brought on by Eric Reuss, a Scottsdale-based obstetrician and gynecologist. No one defended the 15-week restriction, including Arizona's Attorney General Kris Mayes, who also saw the law as unenforceable.
"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," Reuss said. "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."
But, the abortion battle is not over yet. Just this week the House of Representatives approved a new bill, introduced by Tucson Representative Rachel Keshel, that would put requirements on abortion-inducing medications.
“It strengthens medical oversight and follow up care," Keshel said of H.B. 2681. "It also holds the physicians accountable if violations occur.”
The requirements include documenting the gestational age of the pregnancy as well as a follow-up visit seven to 14 days after the drug is administered. If the bill were to pass the legislature, it would most likely be vetoed by Governor Katie Hobbs, a Democrat.
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