Filed Date: Dec. 3, 2024
Case Ongoing
Clearinghouse coding complete
The case is about a challenge to Arizona’s 15-week abortion ban, which took effect in 2022.
In the November 5, 2024 election, Arizona voters approved Proposition 139, the Arizona Abortion Access Act. The Amendment was added to the state constitution on November 25, thereby enshrining the right to abortion in the Arizona state constitution in article II, section 8.1 (the “Abortion Amendment”).
On December 3, 2024, two physicians and Planned Parenthood of Arizona, Inc., (collectively, “Planned Parenthood”) filed a lawsuit against Arizona, challenging the state’s 15-week abortion ban. Represented by the American Civil Liberties Union Foundation of Arizona, the ACLU, the Center for Reproductive Rights, Planned Parenthood Federation of America, and private counsel, Planned Parenthood filed suit in the Maricopa County Superior Court. Planned Parenthood alleged that the 15-week ban violated the Abortion Amendment by (a) denying, restricting and interfering with the right to pre-viability abortion without a compelling state interest and (b) by penalizing individuals and entities for aiding a pregnant person in exercising their right to abortion. Planned Parenthood sought declaratory and injunctive relief, as well as attorney’s fees. The case was assigned to Judge Frank Moskowitz.
That same day, Planned Parenthood and the State filed a stipulation of non-enforcement, which stated the parties agreed that the ban was unconstitutional; the state would not enforce the ban during the course of the litigation nor penalize or prosecute any person for conduct allegedly violating the ban during the course of the litigation; if the ban were to remain in effect after litigation concluded, the state would not enforce the ban for 30 days after.
On January 27, 2025, Planned Parenthood filed a motion for judgment on the pleadings. On March 5, Judge Moskowitz granted the motion, thereby declaring the 15-week ban unconstitutional and permanently enjoining the state from implementing or enforcing it. The order did not include the Judge’s reasoning.
As of March 30, the case is ongoing.
Summary Authors
Avery Coombe (3/30/2025)
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: Dec. 3, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Two physicians who provide abortion care and Planned Parenthood of Arizona.
Attorney Organizations:
Center for Reproductive Rights
Planned Parenthood Federation of America
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:
Other Dockets:
Arizona state trial court CV2024-034624
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)