Publication
Arizona’s 15-Week Abortion Ban Declared Unconstitutional
On Wednesday, March 5, 2025, a Maricopa County Superior Court judge permanently blocked Arizona’s 15-week abortion ban and ruled that the former law is unconstitutional.
The 15-week ban was passed by the Arizona legislature and signed into law in 2022 following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. __ (2022). Subsequently, in April 2024, the Arizona Supreme Court restored a Civil War-era abortion ban, concluding that the 15-week abortion law did not replace the 1864 law (also known as the “Territorial law” because Arizona was only a territory of the United States at the time the law was passed). The Territorial law effectively banned all abortions (except to save the life of a mother) and imposed a prison sentence on any person who administered or assisted a woman in receiving an abortion. Following the Arizona Supreme Court’s decision, the legislature voted to repeal the 1864 law and let the 15-week ban stand in its place.
In November 2024, Arizona voters passed a ballot measure — Proposition 139 — to enshrine abortion rights in the state constitution. The amendment — known as the Arizona Abortion Access Act — permits abortions up to fetal viability (approximately 24 weeks) or to protect a patient’s health or life.
In December 2024, providers and reproductive health organizations filed a lawsuit arguing that the 15-week ban was unconstitutional because it denies Arizonans access to abortion care, in violation of the state’s 2024 constitutional amendment. Shortly after the lawsuit was filed, the Arizona Attorney General signed a stipulation and submitted it to the Court, stating that, on behalf of the state, she would not enforce the 15-week ban during the pendency of the case. No interested party asked to intervene and defend the 15-week ban.
While the Court’s ruling was short, it is significant for both patients and providers given the uncertainty of Arizona’s abortion laws for the past three years. Passage of the Arizona Abortion Access Act and yesterday’s ruling eliminates the threat of criminal penalties for healthcare providers who perform abortions in this state and creates clarity for reproductive health clinics who wish to provide care for patients.
Arizona still maintains various pre-existing abortion laws that regulate access to abortion, including a mandatory 24-hour waiting period prior to receiving an abortion, counseling requirements, parental consent for minors (subject to judicial bypass), and a prohibition on the use of telehealth to prescribe medication abortion to patients.
**Any opinions expressed are those of the authors, and not the firm or their colleagues.
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