PHOENIX, ARIZONA - APRIL 17: Members of Arizona for Abortion Access, the ballot initiative to enshrine abortion rights in the Arizona State Constitution, hold a press conference and protest condemning Arizona House Republicans and the 1864 abortion ban during a recess from a legislative session at the Arizona House of Representatives on April 17, 2024 in Phoenix, Arizona. Arizona House Republicans blocked the Democrats from holding a vote to overturn the 1864 abortion ban revived last week by the Arizona Supreme Court. (Photo by Rebecca Noble/Getty Images)
Arizona’s 15-week abortion ban, signed into state law in 2022, was ruled unconstitutional by the Maricopa County Superior Court Wednesday.
The ruling permanently blocks the 15-week ban that was passed by a GOP-majority Legislature in 2022, and signed into law by then-Gov. Doug Ducey.
The ban blocked almost all abortions after 15 weeks of pregnancy in Arizona, with exceptions for medical emergencies. The law also imposed potential fines, felonies, and suspension of medical licenses for doctors who were deemed to have violated the law.
Since 2022, the 15-week ban has had a hard time staying in place.
In early 2024, for example, the Arizona Supreme Court ruled that a Civil War-era abortion ban took precedence over the 15-week ban. That law was eventually repealed.
Later that year, Arizonan voters overwhelmingly passed Prop 139, putting abortion protections through fetal viability (about 24 weeks) into the state constitution and directly conflicting with the 15-week ban.
The issue was brought to the state’s Superior Court in December 2024 by Planned Parenthood Arizona and two physicians. Judge Frank Moskowitz granted the plaintiffs their request to block the 15-week ban.
Attorney General Kris Mayes, a Democrat, chose to not defend the 15-week ban, noting that as a state law it was unconstitutional.
On Wednesday, the two physicians who brought the case against the state in December released statements praising the ruling.
“We’re relieved that Arizona’s harmful abortion ban has been permanently blocked,” said Dr. Eric Reuss. “Today’s decision will help pave the way for a future in which all Arizonans have access to the fundamental care they need.”
“For nearly three years my hands were tied because of this cruel ban,” said Dr. Paul Isaacson. “It is a relief to no longer have to turn away patients from essential health care.”
It is the end of a three-year period where it was often unclear what abortion laws took priority. Reproductive rights, at least for now, are constitutionally protected in Arizona.
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