Center Challenges Arizona Abortion Restrictions as Violations of Voter-Approved Constitutional Amendment

In its second case brought under Arizona’s new voter-approved constitutional amendment protecting abortion rights, the Center for Reproductive Rights filed a lawsuit with its partners May 22 challenging three groups of laws encompassing dozens of statutes and regulations that remain in effect.

The Arizona Abortion Access Act, passed in 2024, enshrines the fundamental right to abortion in the state constitution and subjects any interference with that right to the highest level of constitutional scrutiny.

“We are carrying out the will of the voters,” said Nancy Northup, Center President and CEO, about the lawsuit. “The public and the constitution are aligned—now it’s time for the law to catch up.”

Brought on behalf of Arizona doctors, the case challenges restrictions including:

• Laws banning abortion based on the patient’s reason for seeking the abortion, forcing doctors to turn away patients if they even suspect that a fetal genetic diagnosis is the reason for the patient seeking care.
• Laws forcing providers to present patients with biased and inaccurate information about abortion in person and then requiring patients to wait at least 24 hours before obtaining abortion care. This requires two separate trips to the provider, delaying Arizonans’ ability to obtain constitutionally protected, time-sensitive care.  
• A prohibition on providers’ use of telemedicine for medication abortion, including a ban on the mailing of abortion pills.

These laws violate the new constitutional amendment by:

• Denying, restricting, and/or interfering with pregnant patients’ fundamental right to access abortion care before viability.
• Penalizing providers for helping patients to exercise that right.

“The state of Arizona has forced me to compromise my duty as a doctor to provide my patients with accurate information and the safest, most compassionate care possible,” said Dr. Paul Isaacson, co-owner of the Family Planning Associates Medical Group and a plaintiff in the case. “I am hopeful that the courts will see these unnecessary, harmful restrictions for what they are and honor what the majority of Arizonans want: the right to decide what’s best for their own health and future.”

Latest Lawsuit Follows Center Win Striking Down State’s Abortion Ban

In an earlier Center case in Arizona, in March a state judge permanently blocked Arizona’s 15-week abortion ban, declaring it unconstitutional under the same 2024 amendment. The ban had taken effect in 2022, after the U.S. Supreme Court eliminated the federal constitutional right to abortion. 

Both cases align with the Center’s strategy of enforcing and expanding state constitutional protections for abortion rights.

“Beyond targeting Arizona’s web of abortion restrictions, these cases aim to increase access to constitutionally protected care. These cases also aim to shape the broader interpretation of the new amendment to ensure Arizona follows through on its constitutional guarantees,” said Gail Deady, Senior Attorney at the Center.

In addition to Dr. Paul A. Isaacson, M.D., and Dr. William Richardson, M.D., the Arizona Medical Association is a plaintiff in the case, Isaacson v. Arizona. The American Civil Liberties Union and ACLU of Arizona are co-counsel.

“We are carrying out the will of the voters. The public and the constitution are aligned—now it’s time for the law to catch up.”

Nancy Northup, Center President and CEO