Arizona health care providers file lawsuit to challenge an abortion ban

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PHOENIX (KYMA, KECY) - Arizona health care providers filed a lawsuit Tuesday to challenge a ban on abortion after 15 weeks of pregnancy.

According to a press release, the ban "is in violation of the state's new constitutional amendment protecting the fundamental right to abortion."

The press release says the providers, along with Arizona Attorney General Kris Mayes, signed a stipulation saying the ban is "unconstitutional" and that "the state will not enforce the ban until 30 days after final resolution of the litigation, which has allowed doctors across the state to begin providing abortion care after 15 weeks of pregnancy once again" beginning Tuesday.

Last month, Prop 139, also known as the Arizona Abortion Access Act, was "overwhelmingly approved" by voters, "putting the power to decide whether to end a pregnancy back in the hands of Arizonans," according to the press release, who says the amendment was certified and added to the state constitution on November 25.

The case, filed in the Maricopa County Superior Court, was brought by Dr. Eric M. Reuss, Dr. Paul A. Isaacson, and Planned Parenthood Arizona, and was represented by the American Civil Liberties Union (ACLU), ACLU of Arizona, Planned Parenthood Federation of America, the Center for Reproductive Rights and Perkins Coie LLP, the press release says.

"I am proud to participate in this lawsuit, which will mark the first step in following through with Arizona voters' desires when they adopted new constitutional language protecting the right to abortion. For two years, physicians' hands have been tied when a patient needs to end a pregnancy after 15 weeks, including when they face serious pregnancy complications. But today, we can once again provide care to people who want to end their pregnancy. We hope the courts will quickly recognize the harms of Arizona's ban and strike it down once and for all. This is a great day for my patients. I am thrilled to see their freedom to make their own healthcare decisions without state interference restored."

Dr. Eric M. Reuss, M.D., M.P.H., obstetrician and gynecologist, Scottsdale Obstetrics & Gynecology, P.C.

"As a physician, I see firsthand the devastating impact restrictive abortion laws have on my patients and their families. I joined this lawsuit because I believe that health care decisions should be made in the exam room—between a patient and their doctor—not dictated by political agendas. The constitutional amendment voters approved last month made it clear that Arizonans value the right to access safe, compassionate care, including abortion. Yet, the 15-week ban forces us to withhold essential care from patients, even when their health or future is at risk. My patients deserve better. I am hopeful that the courts will honor the will of the people and restore their right to make deeply personal decisions about their own bodies."

Dr. Paul Isaacson, M.D., obstetrician and gynecologist, Family Planning Associates Medical Group

"Arizonans resoundingly voted to enshrine abortion access in the state constitution when they voted YES on Prop 139 and made it clear they do not support bans on abortion. As a doctor, I know first-hand how abortion bans and restrictions force people to carry forced pregnancies, seek to self-manage their abortion when they would have preferred to access care within the health care system, or bear the financial burden of traveling hundreds or thousands of miles for care. Abortion bans not only negatively impact individual lives, they impact families and generations, and perpetuate other systems of oppression. Our community deserves the right to make our own decisions about our bodies and our health. And Planned Parenthood Arizona will not stop fighting for our patients and our health care staff."

Dr. Jill Gibson, chief medical officer, Planned Parenthood of Arizona

"Arizona voters sent a clear message that pregnant people should have the right to make their own personal decisions about abortion and to control their bodies and their lives. But this ban denies people that fundamental right. We have gone to court to ask the court to strike down the law to vindicate the will of the people and ensure that people can get the care they need in their own community. We applaud Arizona abortion providers for their strength in navigating this unjust law for two years and continuing to provide as much care as they were permitted to provide. We are relieved that patients who are more than 15 weeks pregnant can once again get the care they need. This case is the first step towards fulfilling the amendment's promise."

Rebecca Chan, staff attorney, ACLU Reproductive Freedom Project

"For decades, Arizona lawmakers chipped away at the rights of people who can become pregnant and tied the hands of their healthcare providers. Voters made it clear that they've had enough. Today, we are asking the court to end Arizona's dangerous 15-week ban and to affirm the will of the people. We are proud to stand by our state's resilient abortion providers and partners to ensure everyone gets the care they need and deserve."

Lauren Beall, staff attorney, ACLU of Arizona

"With their vote on Proposition 139, Arizonans said definitively that the only people qualified to make pregnancy decisions are patients and their health care providers, not politicians. It’s time for the state's abortion law to reflect that belief and the values enshrined by the Arizona Abortion Access Act. Today, we ask the court to end Arizona's abortion ban so that patients can get vital health care in their communities. In the coming months, Planned Parenthood Federation of America and our partners will continue to fight for Arizonans' access to abortion, without government interference."

Alexis McGill Johnson, President and CEO, Planned Parenthood Federation of America

"Voters made it clear on November 5 that, when it comes to abortion rights, Arizona is not a battleground state. Arizonans voted overwhelmingly to enshrine abortion rights in the state constitution. We are going to court to challenge the state's 15-week abortion ban and ensure that these constitutional rights are vindicated. The health and lives of pregnant Arizonans and their health providers' ability to provide critical health care depend on it."

Nancy Northup, President and CEO, Center for Reproductive Rights

To learn more about the lawsuit, click here.

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