Case: Isaacson v. Arizona

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 22, 2022, Choices Pregnancy Center, an anti-abortion health clinic, and a physician filed a motion to intervene. 

On October 19, plaintiffs filed a motion for summary judgment. 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.

On January 23, 2023, Choices Pregnancy Center and the physician filed a motion to temporarily lift the stay and rule on their motion to intervene. On March 9, the trial court denied the motion.

On October 3, 2024, the court entered a stipulation of dismissal. The case is now closed.