This lawsuit could keep abortion access off of Arizona ballot
Add Axios as your preferred source to
see more of our stories on Google.
Anti-abortion advocates protest outside Camelback Family Planning, an abortion clinic. in April. Photo: Frederic J. Brown/AFP via Getty Images
The Arizona Abortion Access Act collected enough valid signatures to qualify for November's ballot, the Secretary of State's office confirmed Monday. But there's one last legal challenge that could keep it from voters.
Why it matters: Recent polling has shown significant voter support for the expanded abortion access in Arizona, so preventing the issue from appearing on the ballot may be anti-abortion advocates' best shot at stopping the state from restoring Roe-era protections.
State of play: The Arizona Supreme Court is expected to rule on a legal challenge to the initiative's petition language before the Aug. 22 ballot printing deadline.
- Arizona Right to Life filed the lawsuit late last month arguing the initiative should be barred from appearing on the ballot because the language shared with petition signers earlier this year did not properly convey its practical impact.
- A Maricopa County Superior Court judge rejected the argument earlier this month, but the group appealed to the state Supreme Court — the same court that allowed Arizona's 1864 near-total abortion ban to take effect earlier this year.
Catch up quick: The Arizona Abortion Access Act would allow abortion access up to fetal viability, about 24 weeks of pregnancy.
- An abortion would be permitted after that only if "in the good faith judgment of a treating health care professional, it is necessary to protect the life or physical or mental health of the pregnant individual."
Between the lines: Arizona Right for Life board member Jill Norgaard told Axios the initiative's campaign has been "fraught with deception and untruths," and said she believes the Supreme Court will rule accordingly.
- She said the initiative includes a "word salad" of provisions that outline when a person can seek an abortion that she believes could result in abortions beyond the 24-week mark.
- She also argued the "health care professional" language is intentionally vague so that anyone who works in a medical office — not just OB/GYNs — could give permission for a woman to obtain an abortion.
The other side: Dawn Penich, a spokesperson for the ballot initiative, told Axios the campaign was prepared for legal challenges and feels confident the Supreme Court will recognize the will of the voters, who "made it clear they want to see this measure on their ballot and have their say."
- "We know special interests and anti-abortion extremists across the country have been trying everything possible, including dishonest legal maneuvers, to try to stop voters from having their say on abortion rights," she said.
What's next: Norgaard said if the initiative makes the ballot, she believes the grassroots coalition of "pro-life" groups statewide will be able to convince voters it's "too extreme."
Reality check: The Arizona Abortion Access Act has already booked nearly $16 million in ads to push for the ballot proposition.