Arizona 15-Week Abortion Ban Permanently Blocked Under Arizona Abortion Access Act

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.

The Arizona Abortion Access Act (Proposition 139)

Attorney General Kris Mayes agreed not to enforce the 15-week ban under a December stipulation. In this stipulation, 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.

Legal Action and Representation

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. They were 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.

Statements from Healthcare Providers

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.”

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.”

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.”

Statements from Advocacy Groups

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.”

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.”

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.”

Key Organizations Involved in the Case