Arizona judge invalidates state laws that restricted access to abortion

Maricopa County Superior Court Judge Gregory Como, on Friday invalidated three state statutes restricting access to abortion, including a veto on the provision of abortion services via telemedicine, finding that such measures violate the state Constitution. In his ruling, the Arizona judge concluded that the laws were enacted before voters approved a constitutional amendment guaranteeing abortion rights in 2024. In light of that amendment, Como argued that the restrictions unlawfully interfered with what he described as the "fundamental right to abortion under Arizona law" and demonstrated no health benefit to patients, adding that "Each of these laws infringe on a woman’s ‘autonomous decision making’ by mandating medical procedures and disclosure of information regardless of the patient’s needs and wishes."

The struck down provisions included requirements that patients provide a reason for requesting an abortion, undergo an ultrasound at least 24 hours in advance, and make multiple in-person visits for counseling and for the procedure itself. The laws also prohibited the mailing of abortifacient drugs.

Criticism and support for the decision

Republican legislative leaders criticized the decision. House Speaker Steve Montenegro and Senate President Warren Petersen argued that abortion rights advocates are using the state Constitution to dismantle health and safety standards. For their part, abortion access advocates celebrated the ruling. Kimya Forouzan, senior state policy advisor for the Guttmacher Institute, called the decision a "major win for Arizona abortion seekers."

The lawsuit challenging the restrictions was filed by two Arizona obstetricians and gynecologists and the Arizona Medical Association, with support from the American Civil Liberties Union (ACLU) and its state affiliate. The plaintiffs argued that the laws "hinder access to abortion care and thus violate the state's new constitutional amendment protecting abortion rights," the ACLU said.

The ruling comes as states across the country continue to review their abortion laws in the wake of the Supreme Court's 2022 decision overturning Roe v. Wade. While some states have expanded abortion rights through voter-approved measures, others have rejected similar initiatives or imposed new restrictions.