An Arizona judge struck down three state laws restricting abortion, ruling they violate a right added to the state constitution in 2024. Judge Gregory Como found the measures did not improve patient health and infringed individual decision-making. The overturned rules included bans on telemedicine for medication abortion, requirements to state a reason, prohibitions tied to fetal genetic abnormalities, and mandatory ultrasounds and waiting periods. The suit was filed by two OB-GYNs and the Arizona Medical Association; Attorney General Kris Mayes called the decision a victory for women and clinicians.
Arizona Judge Strikes Down Three Abortion Restrictions, Citing 2024 Constitutional Right
A woman holds a sign at a protest in the district of Republican state Representative Matt Gress after Arizona's Supreme Court revived a law dating to 1864 that bans abortion in virtually all instances, in Scottsdale, Arizona, U.S. April 14, 2024. REUTERS/Caitlin O’Hara
Feb 6 — An Arizona judge on Friday struck down three state laws that limited access to abortion, finding they violated a right to abortion added to the state constitution in 2024.
Maricopa County Superior Court Judge Gregory Como ruled that the measures did not advance patient health, interfered with individuals' decision-making, and infringed the state constitution’s recently recognized "fundamental right to abortion under Arizona law."
Provisions Overturned
- Ban on using telemedicine for medication abortion.
- Requirement that patients state a reason for seeking an abortion.
- Prohibition on abortions sought because of a fetal "genetic abnormality."
- Mandatory ultrasound at least 24 hours before the procedure and a waiting period requiring a second in-person visit.
All of the challenged provisions were enacted before Arizona voters approved a constitutional amendment in November 2024 guaranteeing the right to an abortion under state law. The lawsuit was filed by two OB-GYNs and the Arizona Medical Association, which argued the restrictions impeded timely medical care.
"For the first time in a long time, my patients will not have to jump through hoops to get the care they need," said Dr. Paul Isaacson, one of the physicians who brought the suit.
Arizona Attorney General Kris Mayes, a Democrat elected after the laws were enacted, called the ruling a victory for Arizona women, families and doctors. "This ruling affirms that Arizona women have a constitutional right to access the reproductive healthcare they need, without unnecessary government interference," Mayes said. "Doctors must be allowed to provide care based on their medical judgment, not on the beliefs of anti-abortion politicians."
(Editing by Rod Nickel)
Help us improve.
