Filed Date: Oct. 3, 2022
Case Ongoing
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On October 3, 2022, the ACLU and the Center for Reproductive Rights filed a complaint for declaratory relief against the State of Arizona on behalf of a Phoenix doctor and the Arizona Medical Association. Plaintiffs brought suit in the Arizona Superior Court of Maricopa County and asserted that the Court has a duty to harmonize Arizona laws by issuing a declaratory judgment harmonizing Arizona’s Territorial Law against providing abortions (A.R.S. § 13-3603) with the 15-Week Law passed on September 24, 2022 that permitted physicians to provide abortions through 15 weeks of pregnancy.
Arizona’s Territorial Law, an abortion ban, was first enacted in 1901 and can be traced back to 1864. In 1973, the Territorial Law was enjoined due to the Supreme Court's decision in Roe v. Wade. After the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, an Arizona state court lifted the injunction (see Planned Parenthood of Arizona, Inc. v. Brnovich).
Plaintiffs therefore filed this case, because state officials with enforcement power have either refused to state which abortion law takes precedence or have taken inconsistent positions on the matter. Plaintiffs sought (1) a court order to show cause requiring the State of Arizona to state why the court should not issue a declaratory judgment and establish an expedited briefing schedule to resolve this dispute, (2) a declaratory judgment stating that the Arizona law allowing a licensed physician to provide an abortion in accordance with the regulatory scheme enacted by the Legislature continues to apply to licensed physicians, and the Territorial Law applies to other “person[s]”, and (3) attorneys fees and costs. This case was assigned to Judge Joseph Mikitish.
On October 25, 2022, the court granted a joint motion for a stay of proceedings until the issuance of the final mandate in the appeal in Planned Parenthood of Arizona, Inc. v. Brnovich. The State may not enforce Arizona’s Territorial Law on any person during the duration of this stay. This case remains ongoing and a new date for oral arguments will be set after the stay is lifted.
Summary Authors
Kathleen Lok (12/13/2022)
Planned Parenthood Center of Tucson v. Brnovich, Arizona state trial court (1971)
Last updated Aug. 30, 2023, 1:27 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Arizona
Case Type(s):
Key Dates
Filing Date: Oct. 3, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiffs include a licensed, board-certified obstetrician-gynecologist and the Arizona Medical Association, a professional membership organization with nearly 4,000 physician members, including at least 75 member obstetrician-gynecologists.
Plaintiff Type(s):
Attorney Organizations:
Center for Reproductive Rights
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Reproductive rights:
Time-based abortion prohibition
Reproductive health care (including birth control, abortion, and others)