Lawsuit argues that several burdensome abortion restrictions, including a 24-hour waiting period, violate new state constitutional amendment
PHOENIX – Arizona doctors filed a lawsuit today seeking to strike down many remaining abortion restrictions and further expand access to care in the state. One such restriction forces patients to unnecessarily make two separate trips to a clinic, delaying access to time-sensitive care for days, if not weeks. The lawsuit argues that these medically unnecessary restrictions make it harder to access abortion care and thus violate the state’s new constitutional amendment protecting the right to abortion.
Last November, Arizona voters overwhelmingly approved Proposition 139, the Arizona Abortion Access Act, to enshrine the fundamental right to abortion in the state constitution. Soon after the amendment passed, Arizona health care providers swiftly and successfully blocked the state’s 15-week abortion ban. Now, they are challenging some of the state’s most burdensome restrictions that remain on the books to make sure patients can get the constitutionally-protected care they need. The restrictions challenged include:
- Laws forcing providers to relay, and patients to receive, biased and inaccurate information about abortion in person, and then wait at least 24 hours before being able to obtain care — requiring two separate trips to a provider. Patients are often unable to get time-sensitive care for days, if not weeks, because of these restrictions.
- Laws banning abortion as an option for patients with fetal diagnoses, forcing doctors to turn their patients away if they even suspect someone’s reason for seeking care is due to a fetal condition.
- A prohibition on the use of telemedicine for medication abortion, including a ban on the mailing of abortion pills, despite ample evidence that this is a safe and effective form of care.
These restrictions make it harder, if not impossible, for Arizonans to get abortion care in the state. These barriers disproportionately impact low-income communities, communities of color, and those living in rural areas who already have limited access to health care. Access to medication abortion via telemedicine and mail, for example, has been essential for many who don’t have the resources to make multiple trips or travel long distances for care. Arizona is one of just four states that ban the mailing of abortion pills. These restrictions are designed to make abortion care more difficult, time-consuming, expensive, and distressing to access.
Quotes from plaintiffs and attorneys:
“Trust, honesty, and open communication are essential parts of a healthy doctor-patient relationship — and these restrictions get in the way of all three,” said Dr. Paul Isaacson, OB-GYN and co-owner of the Family Planning Associates Medical Group. “The state of Arizona has forced me to compromise my duty as a doctor to provide my patients with accurate information and the safest, most compassionate care possible. These laws are not based in medicine. I am hopeful that the courts will see these unnecessary, harmful restrictions for what they are and honor what the majority of Arizonans want: the right to decide what’s best for their own health and futures.”
“There is absolutely no medical reason why I shouldn’t be able to offer abortion care via telemedicine,” said Dr. William Richardson, OB-GYN and owner of Choices Women’s Center. "By banning telemedicine, Arizona is putting ideology over science and politics over patient health. These restrictions are an insult to patients and only push care out of reach — especially for those in rural, low-income, and marginalized communities. Arizonans have a right to autonomy, dignity, and evidence-based care, so I joined this lawsuit to make that a reality — not just for my patients, but for everyone."
“Last November, Arizona voters took back the power to make their own reproductive health care decisions. Yet they still must jump through hoops to get abortion care ,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “These burdensome restrictions have been in place for far too long, so we’re going to court to strike them down once and for all. We are carrying out the will of the voters. The public and the constitution are aligned — now it’s time for the law to catch up.”
“When I see a patient who is seeking abortion, I trust that she is making the best decision for herself and her family,” said Dr. Laura Mercer, OB-GYN and Arizona Medical Association Board Member At-Large. “But restrictions like Arizona’s biased counseling requirement and forced delay period force me to undermine my patient’s decisions and violate my professional code of ethics. As a health care provider and educator, I am proud that the Arizona Medical Association is challenging these laws so that every Arizonan can make pregnancy decisions without interference.”
“These stigmatizing and medically unnecessary abortion restrictions violate the right to reproductive freedom established by Arizona voters last November, and it’s time for them to go,” said Rebecca Chan, Staff Attorney for the ACLU Reproductive Freedom Project. “Arizonans are perfectly capable of making decisions about their own reproductive futures. Voters made crystal clear last fall that denying people this autonomy is not just wrong --- it is unconstitutional. All people deserve the freedom to make decisions about their pregnancies without political interference. The ACLU is proud to be challenging these laws alongside our partners to fulfil the promise of the Arizona Abortion Access Act.”
“Arizonans have long faced strict barriers to care that add unnecessary cost, stress, and burden for people who need abortions. Even with the passage of Proposition 139, those laws remain on the books,” said Lauren Beall, staff attorney for the ACLU of Arizona. “No one should have to face state-mandated delays to healthcare, be forced to listen to biased and inaccurate information about abortion, or lose access to medication by mail because of a ban. Alongside providers and partners, we are fighting to fulfill the promise of the Abortion Access Act for everyone who needs care in our state.”
Fighting to enforce Arizona’s new state constitutional protections for abortion are Dr. Paul A. Isaacson, M.D., Dr. William Richardson, M.D., and the Arizona Medical Association represented by the Center for Reproductive Rights, the American Civil Liberties Union, and ACLU of Arizona.
The complaint can be found here.
