PHOENIX — An Arizona state court today permanently blocked several burdensome and medically unnecessary abortion restrictions, including a law forcing patients to make two separate trips to their health care provider and wait at least 24 hours before getting care, as well as a ban on the use of telemedicine for abortion. The court ruled that these and other restrictions violate the state's new constitutional amendment protecting the right to abortion. This decision will significantly expand abortion access in the state, allowing patients to get time-sensitive care in their communities.
The restrictions struck down today 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, despite ample evidence that this is a safe and effective form of care.
In his decision, Judge Gregory Como ruled that abortion restrictions that override patient autonomy and have no medical justification cannot stand: “The Challenged Laws’ universal suppression of medical judgment and choice ... renders them invalid in all circumstances.”
In November 2024, Arizona voters overwhelmingly approved Proposition 139, the Arizona Abortion Access Act, to enshrine the fundamental right to abortion in the state constitution. Soon after, Arizona health care providers challenged and successfully struck down the state’s 15-week abortion ban. Today’s ruling represents yet another landmark victory to expand abortion access in the state, including by allowing Arizonans to finally receive abortion pills by mail. These medically unnecessary restrictions have long made it harder, if not impossible, for Arizonans to get abortion care in the state. Despite voter-approved protections for abortion, state lawmakers are currently attempting to undermine this constitutional right by pushing legislation to restrict access to care.
“When voters approved Prop. 139, we recognized abortion as a fundamental right. Today’s decision makes that vote tangible: it removes harmful legislative roadblocks that interfered with patients’ private healthcare decisions,” said Lauren Beall, staff attorney for the ACLU of Arizona. “Together we celebrate this victory for bodily autonomy throughout our state.”
“This is a relief. For the first time in a long time, my patients will not have to jump through hoops to get the care they need,” said Dr. Paul Isaacson, OB-GYN and co-owner of the Family Planning Associates Medical Group. “I became an OB-GYN to provide compassionate care to my patients, but these restrictions have stood in the way of that. Finally, I can help patients as they decide what’s best for themselves without interference from the state.”
“The court made clear today that the power to make health care decisions should be in patients’ hands, not politicians’,” said Dr. William Richardson, OB-GYN and owner of Choices Women’s Center. “For years, I’ve seen Arizonans from rural communities struggle to find the means to make two separate trips to my clinic. I’m thrilled to now be one step closer to offering my patients evidence-based care via telemedicine.”
“This is a major victory for the Arizonans who showed up to protect their right to abortion. Thanks to them and the dedicated health care providers in this case, we are even closer to making that right a reality in the state,” said Caroline Sacerdote, senior attorney at the Center for Reproductive Rights. “No one should be forced to wait for time-sensitive care or listen to disinformation about abortion. Anti-abortion lawmakers in Arizona want to override the will of the people, but we refuse to let them.”
“As a physician, I am relieved that I no longer will be forced by Arizona’s restrictions to undermine my patients’ decisions,” said Dr. Laura Mercer, OB-GYN and Arizona Medical Association board member at-large. “My patients will no longer be forced to make additional unnecessary visits for care, nor will I be required to give them disinformation that stigmatizes abortion. And as an Arizonan, I am proud that the abortion protections we fought so hard to win are bringing reproductive freedom closer to reality.”
“The court’s decision to block these stigmatizing, medically baseless restrictions enables Arizonans to access abortion without politics standing in the way,” said Rebecca Chan, staff attorney for the ACLU Reproductive Freedom Project. “This ruling brings us many steps closer to realizing the promise of Arizona’s constitution: that every Arizonans’ freedom to make decisions about their pregnancy is respected and supported."
This case was brought by 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.
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