A group of Arizona doctors has filed a lawsuit over the state’s 2022 law banning abortions after 15 weeks of gestation. This comes after voters approved a measure to enshrine broad abortion rights in the state constitution.
The new amendment, which passed in November with support from more than 60% of Arizona voters, allows abortions to the point of fetal viability — around 24 weeks — with exceptions beyond that for health risks. But it does not automatically overturn the 15-week law.
So Arizona OB-GYNs, Dr. Eric Reuss and Dr. Paul Isaacson, along with Planned Parenthood Arizona, are suing the state, arguing that the 15-week law is now unconstitutional. They are represented by the American Civil Liberties Union.
“This is just a process of aligning some outdated statutes with the will of the people,” said ACLU staff attorney Lauren Beall.
The lawsuit, filed Tuesday in Maricopa County Superior Court, names the state of Arizona as a defendant. But Arizona Attorney General Kris Mayes has been a vocal supporter of the new abortion rights amendment.
But Beall said other groups opposed to abortion could still step in to defend the 15-week law in court.
“We anticipate that there will be those who oppose the will of the voters and still would like to restrict people’s ability to access abortion care, but we’re prepared to meet them, whoever they may be,” Beall said.
Beall said she expects the case will move relatively quickly.
According to a press release from the ACLU, Mayes plans to submit a stipulation to the court, saying the state will not enforce the 15-week law while the case is pending. This will allow providers to begin providing abortions beyond 15 weeks starting Tuesday, the press release said.
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