Arizona Judge Overturns Abortion Laws Following Constitutional Amendment

An Arizona judge recently invalidated three state laws aimed at restricting abortions, referencing a new constitutional amendment that was passed in 2024. This amendment effectively grants the right to terminate a pregnancy at any stage.

Maricopa County Superior Court Judge Gregory Como noted that these restrictions do not enhance patient health, limit personal choice, and contravene the state constitution’s assertion of a “fundamental right to abortion under Arizona law.”

Como’s ruling also eliminated several specific regulations, including a ban on telemedicine for abortion medications, a requirement for patients to disclose their reasons for seeking an abortion, and restrictions on abortions due to “genetic abnormalities.” Additionally, he removed the mandate that patients undergo an ultrasound 24 hours prior to the procedure, as well as a one-day waiting period and a requirement for two doctor visits.

All these contested laws had been established prior to the overwhelming voter support for the recent constitutional amendment, which allows for abortions throughout pregnancy.

The lawsuit against these laws was initiated by two obstetricians and gynecologists supportive of abortion rights, alongside the Arizona State Medical Association. Republican lawmakers joined the lawsuit to advocate for the pro-life regulations, with plans to appeal the decision already announced by a spokesperson for Arizona Senate Republicans.

Not long ago, Arizona enforced a 15-week limit on abortions before this constitutional change positioned the state as a haven for abortion access. Proposition 139, which formalized the amendment, was approved by 61% of voters.

This amendment asserts that “every individual has a fundamental right to an abortion” and prohibits the state from:

• Denying or interfering with the survival of a fetus, unless there is a compelling national interest served by the least restrictive means.
• Restricting post-viability abortions deemed necessary by a healthcare professional to protect the health of the pregnant individual.
• Penalizing anyone who assists a pregnant person in exercising their right to an abortion as outlined in this section.

Ballot measures prove to be a potent strategy for proponents of abortion rights, as they alter the state constitution and can only be reversed by new ballot measures or lengthy legal proceedings. These campaigns often receive substantial backing from progressive organizations and wealthy individuals.

As elections approach, some states are anticipated to place abortion-related measures on the ballot for the 2026 midterms.