Years of legal battles may lie ahead as reproductive rights advocates gear up to challenge several abortion restrictions under the newly passed Proposition 139.
Why it matters
Arizona’s abortion laws extend beyond the 15-week ban approved in 2022. They include numerous regulations determining how, when, and under what circumstances women can access abortions, who can perform them, and how minors obtain them. Many of these laws are likely targets for legal challenges under Prop. 139.
The big picture
Prop. 139 took effect last Monday after Arizona’s election results were certified. However, the abortion rights it guarantees will not be automatically implemented.
To nullify the 15-week ban, opponents must file a lawsuit to overturn it. Attorney General Kris Mayes stated at a press event last Tuesday that her office anticipates this lawsuit could be filed as early as today.
What’s next
Reproductive rights advocates plan to target other abortion restrictions once the 15-week ban is resolved.
Paul Isaacson, a Valley OB/GYN and abortion provider, said he has discussed legal strategies with attorneys from the Center for Reproductive Rights. They aim to challenge laws in a “step-wise fashion,” starting with:
- A 24-hour waiting period for abortions.
- A prohibition on abortions due to fetal genetic abnormalities.
- An “informed consent” law requiring doctors to discuss alternatives to abortion.
Chris Love, a senior adviser for Planned Parenthood Advocates of Arizona, indicated there will also be litigation against laws banning the mailing of abortion medications and restricting telehealth for abortion care.
Catch up quick
Voters decisively passed Prop. 139, securing the right to abortion until fetal viability, typically around 24 weeks, with exceptions for the health or life of the mother.
The constitutional amendment bars any restriction on abortion access before fetal viability unless justified by a compelling state interest and implemented using the least restrictive means. It also safeguards the right to make autonomous decisions.
What they’re saying
“We’re going to be in court for a little while, right, to roll back some of the most egregious laws that prevent abortion access,” said Love.
Mayes expects litigation under Prop. 139 to “play out over the next couple of years.”
The other side
Cathi Herrod, president of the Center for Arizona Policy, which has backed many of the state’s abortion restrictions, believes some laws may withstand legal challenges under Prop. 139. These include:
- Licensing requirements for abortion clinics.
- Admitting privilege mandates for doctors at local hospitals.
- Consent laws for minors seeking abortions, which Herrod argues promote women’s health and safety.