In a landmark decision, the Arizona state supreme court agreed to allow a near-total abortion ban to take effect, overturning a previously blocked 15-week abortion ban. This development follows a lengthy legal battle in which the 15-week ban, deemed unconstitutional, faced permanent blockage on Wednesday. The 15-week ban had been paused since December after a ballot measure introduced constitutional protections for abortion up to approximately 24 weeks, rendering the ban unconstitutional.
The lawsuit challenging the 15-week restriction was initiated by Dr. Eric M. Reuss, a healthcare provider committed to safeguarding reproductive rights. Dr. Reuss argued that the newly adopted ballot measure justified the ban's unconstitutionality. In support, Arizona's Attorney General, Democrat Kris Mayes, agreed not to enforce the 15-week ban during the ongoing litigation.
State legislators, particularly Republicans, had attempted to repeal an outdated 1864 ban and reinstate the 15-week restriction. However, Arizona's voters decisively passed a pro-abortion rights measure during the 2024 elections, aligning the state with six others that endorsed similar measures. This political shift reflects growing public support for reproductive rights nationwide.
Missouri serves as a pertinent example, having restored abortion access following the passage of a pro-abortion rights measure. Meanwhile, Arizona's historic 1864 ban predates its statehood, highlighting the antiquity of such restrictions and their incongruence with contemporary societal values.
The Center for Reproductive Rights remains at the forefront of efforts to dismantle barriers to abortion access in Arizona. Nancy Northup, President and CEO of the Center, emphasized her organization's dedication to fighting for reproductive rights.
"Burdensome and pointless requirements leveled at abortion providers and mandatory waiting periods for patients continue to undermine the voters’ will," – Nancy Northup
Dr. Eric M. Reuss also highlighted the detrimental impact of restrictive abortion laws on healthcare delivery.
"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 healthcare was more important than pregnant people and their medical providers," – Dr Eric M Reuss