Case: Isaacson v. Horne

2:12-cv-01501 | U.S. District Court for the District of Arizona

Filed Date: July 12, 2012

Closed Date: April 15, 2014

Clearinghouse coding complete

Case Summary

On July 12, 2012, three board-certified obstetricians and gynecologists in Arizona ("the plaintiffs") filed this suit in the U.S. District Court for the District of Arizona challenging an Arizona law that would have banned abortions beginning at 20 weeks of pregnancy. Violation of the state law would have been a Class 1 misdemeanor punishable by up to sixth months imprisonment as well as physician license suspension or revocation. The plaintiffs sued the Arizona attorney general, the county att…

On July 12, 2012, three board-certified obstetricians and gynecologists in Arizona ("the plaintiffs") filed this suit in the U.S. District Court for the District of Arizona challenging an Arizona law that would have banned abortions beginning at 20 weeks of pregnancy. Violation of the state law would have been a Class 1 misdemeanor punishable by up to sixth months imprisonment as well as physician license suspension or revocation. The plaintiffs sued the Arizona attorney general, the county attorneys for Maricopa County and Pima County, the Arizona Medical Board, and the executive director of the Arizona Medical Board alleging that the state law would violate the plaintiffs right to substantive due process under the 14th Amendment to the U.S. Constitution. Represented by the Center for Reproductive Rights and the ACLU, the plaintiffs sought declaratory and injunctive relief enjoining the defendants from enforcing the 20-week abortion ban.

In response, the county attorney for Maricopa County filed a motion to dismiss the case on July 19, 2012, and later asked the court to dismiss the county attorney for Pima County as an improper defendant on July 23, 2012.

After holding a hearing on July 25, 2012, Judge James A. Teilbog denied all of the pending motions as well as the plaintiffs' request for a declaratory judgment on the merits. While Judge Teilbog denied the defendants' motion to dismiss based on prior case law, the court found that the state law was constitutional as a regulation rather than a prohibition on pre-viability abortion. Consequently, Judge Teilbog held that the state's interest in preventing abortions where the unborn child would feel the pain involved in an abortion and protecting the health of the pregnant woman by preventing abortion when the major complications of the procedure are highest justified the law. As such, the court entered judgment in favor of the defendants. 884 F. Supp. 2d 961.

Following the district court's judgment, the plaintiffs appealed to the United States Court of Appeals for the Ninth Circuit. On May 21, 2013, the Ninth Circuit reversed the district court's order. 716 F.3d 1213. The circuit court found that under U.S. Supreme Court precedent, Arizona's ban on abortion from 20 weeks deprived the women to whom it applied of the ultimate decision to terminate their pregnancies prior to fetal viability. Id. The defendants, in response, filed a petition for certiorari. Almost one year later, the U.S. Supreme Court denied the defendants' petition on January 13, 2014. 571 U.S. 1127. As such, Judge Teilbog permanently enjoined the defendants from enforcing the 20-week abortion ban and entered judgment in favor of the plaintiffs in the U.S. District Court for the District of Arizona on April 15, 2014. This case is now closed.

Summary Authors

Richa Bijlani (5/30/2022)

Documents in the Clearinghouse

Document
1

2:12-cv-01501

Complaint

July 12, 2012

July 12, 2012

Complaint
50

2:12-cv-01501

Order

July 30, 2012

July 30, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133700/isaacson-v-horne/

Last updated Aug. 29, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-6994997, filed by William Clewell, Paul A Isaacson, Hugh Miller (submitted by Christopher LaVoy). (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

Clearinghouse
2

MOTION for Preliminary Injunction and EXPEDITED consideration, or, in the Alternative, for a TEMPORARY RESTRAINING ORDER, with Accompanying Declarations, Memorandum of Law and Proposed Form of Order by William Clewell, Paul A Isaacson, Hugh Miller (submitted by Christopher LaVoy). (Attachments: # 1 Text of Proposed Order)(REK) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
3

MEMORANDUM in Support of 2 MOTION for Preliminary Injunction and EXPEDITED Consideration, or, in the Alternative, for a TEMPORARY RESTRAINING ORDER by Plaintiffs William Clewell, Paul A Isaacson, Hugh Miller (submitted by Christopher LaVoy). (REK) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
4

Filing fee paid, receipt number PHX 0970-6994997. This case has been assigned to the Honorable James A. Teilborg. All future pleadings or documents should bear the correct case number: CV 12-01501-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
5

STANDARD TRACK ORDER. Signed by Judge James A Teilborg on 7/12/2012. (TLB) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
6

SUMMONS Submitted by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
7

SUMMONS Submitted by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
8

SUMMONS Submitted by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
9

SUMMONS Submitted by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
10

SUMMONS Submitted by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
11

MOTION for Admission Pro Hac Vice as to attorney Alexa Kolbi-Molinas by William Clewell, Hugh Miller. (Kolbi-Molinas, Alexa) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
12

ORDER. Hearing set as to 2 MOTION for Preliminary Injunction: Motion Hearing set for 7/25/2012 at 08:30 AM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Judge James A Teilborg. Response to Motion for Preliminary Injunction due by 7/19/2012. Reply due by noon, 7/23/2012. Joint Prehearing Statement due by 7/20/2012. Plaintiffs must deliver a copy of this Order to each Defendant by noon today. Signed by Judge James A Teilborg on 7/13/12. (JAT) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
13

Summons Issued as to Thomas C Horne, William Montgomery, Barbara Lawall, Arizona Medical Board, Lisa Wynn. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(REW). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
14

MOTION for Admission Pro Hac Vice as to attorney Janie F Schulman on behalf of Paul A Isaacson. (BAS) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
15

MOTION for Admission Pro Hac Vice as to attorney Janet Crepps on behalf of Paul A Isaacson. (BAS) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
16

MOTION for Admission Pro Hac Vice as to attorney David Brown on behalf of Paul A Isaacson. (BAS) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
17

MOTION for Admission Pro Hac Vice as to attorney Susan Talcott Camp on behalf of William Clewell. (BAS) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
18

MOTION for Admission Pro Hac Vice as to attorney Nancy R Thomas on behalf of Paul A Isaacson. (BAS) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
19

ORDER pursuant to General Order 09-08 granting 11 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice; granting 15 Motion for Admission Pro Hac Vice; granting 16 Motion for Admission Pro Hac Vice; granting 17 Motion for Admission Pro Hac Vice; granting 18 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
20

MOTION to Appoint Counsel to Represent the Interest of the Unborn by William Montgomery. (Comus, Louis) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
21

Additional Attachments to Main Document re 20 MOTION to Appoint Counsel to Represent the Interest of the Unborn Proposed Order by Defendant William Montgomery. (Comus, Louis) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
22

NOTICE of Appearance by Paula J Perrera on behalf of Barbara Lawall. (Perrera, Paula) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
23

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Barbara Lawall. (Perrera, Paula) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
24

NOTICE of Appearance by Evan Franklin Hiller on behalf of Arizona Medical Board, Thomas C Horne, Lisa Wynn. (Hiller, Evan) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
25

MOTION to Dismiss Case by William Montgomery. (Attachments: # 1 Exhibit Part 1 of 16, # 2 Exhibit Part 2 of 16, # 3 Exhibit Part 3 of 16, # 4 Exhibit Part 4 of 16, # 5 Exhibit Part 5 of 16, # 6 Exhibit Part 6 of 16, # 7 Exhibit Part 7 of 16, # 8 Exhibit Part 8 of 16, # 9 Exhibit Part 9 of 16, # 10 Exhibit Part 10 of 16, # 11 Exhibit Part 11 of 16, # 12 Exhibit Part 12 of 16, # 13 Exhibit Part 13 of 16, # 14 Exhibit Part 14 of 16, # 15 Exhibit Part 15 of 16, # 16 Exhibit Part 16 of 16)(Comus, Louis) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
26

RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Arizona Medical Board, Thomas C Horne, Lisa Wynn. (Hiller, Evan) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
27

RESPONSE to Motion re 2 MOTION for Preliminary Injunction or Temporary Restraining Order filed by William Montgomery. (Comus, Louis) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
28

ORDER denying Defendant Montgomery's 20 Motion for Appointment of Attorney to Represent the Interest of the Unborn; however, to the extent that any third-party believes that the Court would benefit from the briefing of a particular issue or issues (whether it be on behalf of the unborn or the parents), such third-party may file an appropriate motion to file amicus curiae briefing and also file a lodged version of such briefing with that motion. Signed by Judge James A Teilborg on 7/20/12. (REW) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
29

STATEMENT of Joint Pre-Hearing Statement by Defendants Arizona Medical Board, Thomas C Horne, Barbara Lawall, William Montgomery, Lisa Wynn, Plaintiffs William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
30

NOTICE re Notice of Filing by William Clewell, Paul A Isaacson, Hugh Miller . (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(LaVoy, Christopher) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
31

AMENDED by (Doc. 45). NOTICE re Proposed Findings of Fact and Conclusions of Law by William Montgomery . (Attachments: # 1 Text of Proposed Order Proposed Findings of Fact and Conclusions of Law)(Comus, Louis) Modified on 7/24/2012 (LSP). (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
32

NOTICE re Filing of Pima County Attorney's Proposed Statement of Facts and Conlusions of Law by Barbara Lawall . (Attachments: # 1 Pima County Attorney's Proposed Statement of Facts and Conlusions of Law)(Perrera, Paula) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
33

NOTICE re Filing of State Defendants' Proposed Findings of Fact and Conclusions of Law by Arizona Medical Board, Thomas C Horne, Lisa Wynn . (Attachments: # 1 Text of Proposed Order Proposed Findings of Fact and Conclusions of Law)(Hiller, Evan) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
34

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by William Clewell, Paul A Isaacson, Hugh Miller. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
35

Additional Attachments to Main Document re 34 Reply to Response to Motion for Preliminary Injunction by Plaintiffs William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
36

RESPONSE to Motion re 25 MOTION to Dismiss Case filed by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
37

AFFIDAVIT of Service for Summons in a Civil Suit; Complaint; Plaintiffs' Motion for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order, with Accompanying Declarations, Memorandum of Law and Proposed Form of Order; Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order served on Barbara LaWall, Pima County Attorney on 07/16/2012, filed by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
38

AFFIDAVIT of Service for Summons in a Civil Suit; Complaint; Plaintiffs' Motion for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order, with Accompanying Declarations, Memorandum of Law and Proposed Form of Order; Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order served on Tom Horne on 07/16/2012, filed by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
39

AFFIDAVIT of Service for Summons in a Civil Suit; Complaint; Plaintiffs' Motion for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order, with Accompanying Declarations, Memorandum of Law and Proposed Form of Order; Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction and Expedited Consideration, or, in the Alternative, for a Temporary Restraining Order served on William Montgomery on 07/16/12, filed by William Clewell, Paul A Isaacson, Hugh Miller. (LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
40

NOTICE re of Service of Court's Order Setting Preliminary Injunction Hearing by William Clewell, Paul A Isaacson, Hugh Miller re 12 Order, Set Motion Hearing,, . (LaVoy, Christopher) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
41

SUPPLEMENT Defendant William G. Montgomery's Supplemental Citations Re: Facial Attacks on a Statute by Defendant William Montgomery. (Comus, Louis) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
42

MOTION to Dismiss Party Barbara LaWall as Defendant by William Montgomery. (Attachments: # 1 Text of Proposed Order Order)(Mangum, J) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
43

Letter from Body of Christ Ministry. (LSP) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
44

ORDER - The Hearing set for 7/25/2012 at 8:30 a.m. will be held in Courtoom 200 (Special Proceedings Courtroom, Second Floor). Signed by Judge James A Teilborg on 7/24/12. (TLB) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
45

*AMENDED DOCUMENT re 31 Notice of Proposed Findings of Fact and Conclusions of Law by William Montgomery (Corrected). (Attachments: # 1 Supplement Findings of Fact and Conclusion of Law)(Mangum, J) *Modified to correct event type on 7/24/2012 (LSP). (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
46

Minute Entry. Proceedings held before Judge James A Teilborg on 7/25/2012. Motion Hearing held re: 25 Motion to Dismiss, 42 Motion to Dismiss Party, and 2 Motion for Preliminary Injunction. Oral argument. IT IS ORDERED taking the motions under advisement. (Court Reporter David German.)(TLB) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
47

TRANSCRIPT REQUEST by William Montgomery for proceedings held on 7/25/2012 before Judge James A. Teilborg.. (Irish, Douglas) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
48

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing re: Motion for Preliminary Injunction/TRO Proceedings held on 7/25/2012, before Judge James A. Teilborg. Court Reporter David C. German. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/16/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/24/2012. (VAR) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

PACER
49

TRANSCRIPT REQUEST by Paul A Isaacson for proceedings held on JULY 25, 2012 before Judge JAMES A. TEILBORG.. (Schulman, Janie) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

PACER
50

ORDER denying 25 Motion to Dismiss Case FURTHER ORDERED denying 2 Motion for Preliminary Injunction FURTHER ORDERED that Plaintiffs' request for a Permanent Injunction is denied. FURTHER ORDERED that Plaintiffs' request for a declaratory judgment is denied. The Clerk of the Court shall enter judgment in favor of Defendants and against Plaintiffs on the declaratory judgment action. FURTHER ORDERED denying as moot 42 Motion to Dismiss Barbara LaWall. Signed by Judge James A Teilborg on 7/30/12. (MAP) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

Clearinghouse
51

JUDGMENT that pursuant to the Courts order filed July 30, 2012, judgment is entered in favor of defendants and against plaintiffs. Plaintiffs to take nothing, and complaint and action are dismissed. (MAP) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
52

*NOTICE OF APPEAL to 9th Circuit, re 50 Order, 51 Judgment by Paul A Isaacson, William Clewell, and Hugh Miller. Filing fee received: $ 455.00, receipt number 0970-7060520. (Brown, David) *Modified as to filers and document relationship on 7/30/2012 (KMG). (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
53

Ninth Circuit Case Number 12-16670 for 52 Notice of Appeal. (KMG) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
69

ORDER, the Motion for Permanent Injunction 65 is granted; in accordance with the Judgment and Mandate of the United States Court of Appeals for the Ninth Circuit, Defendants, their officers, agents, employees, attorneys, successors, and those in ac tive concert with them, are permanently enjoined from enforcing § 7 of House Bill 2036, 50th Leg., 2d Reg. Sess. (Ariz. 2012), as to previability abortions; the Clerk shall enter judgment in favor of Plaintiffs, in accordance with this Order and the Mandate of the Ninth Circuit Court of Appeals. Signed by Senior Judge James A Teilborg on 4/15/14. (REW)

April 15, 2014

April 15, 2014

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: July 12, 2012

Closing Date: April 15, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three board-certified obstetrician-gynecologists who practice in Arizona.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General, State

County Attorney (Maricopa), County

County Attorney (Pima), County

Arizona Medical Board, State

Executive Director, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

Reproductive rights:

Time-based abortion prohibition

General:

Abortion

Medical/Mental Health:

Reproductive health care (including birth control, abortion, and others)