Arizona Democrats will end Legislature's defense of abortion laws
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
Now that Democrats have won control of the Arizona House and Senate, they plan to end legislative Republicans' defense of abortion laws that are being challenged in court.
Why it matters: Though a Maricopa County judge struck down the challenged laws, reproductive rights supporters don't want to risk losing on appeal, says Athena Salman of the advocacy group Reproductive Freedom for All.
Catch up quick: The ACLU of Arizona and the Center for Reproductive Rights sued the state last year, seeking to overturn a host of abortion restrictions under Proposition 139, which voters approved in 2024 to enshrine abortion rights in the state constitution.
- The challenged laws include a ban on abortions due to nonfatal genetic abnormalities, a requirement that women get an ultrasound at least 24 hours before an abortion, a requirement that doctors provide information about abortion alternatives, and a ban on telehealth for abortion.
- Democratic Attorney General Kris Mayes declined to defend the laws, but House Speaker Steve Montenegro and Senate President Warren Petersen, both Republicans, intervened to defend them, which Arizona law allows them to do.
- A separate lawsuit, which Montenegro and Petersen are also defending, challenges a law banning clinicians including nurse practitioners from providing abortions.
State of play: Senate President-elect Priya Sundareshan tells Axios that legislative Democrats "will certainly be ending the litigation" and are eyeing the repeal of some laws.
What we're watching: With Democrats in control of the Legislature and Gov. Katie Hobbs, a staunch supporter of abortion rights, winning a second term, Salman hopes to see the disputed abortion restrictions repealed next year.
- She said she also hopes to see the Legislature repeal laws that aren't being challenged in court, including a ban on advertising abortion services or contraception.
- Her group wants lawmakers to pass protections for contraception and for patients from states with stricter laws who seek abortions here, and for their providers.
- "It needs to be clear that Prop. 139 set a floor. It set a foundation to then stack rights upon it," said Salman, a former state lawmaker.
The intrigue: The Attorney General's Office believes a county attorney may be able intervene to defend the laws, spokesperson Richie Taylor tells Axios.
- Outside groups could try as well, he said, though it's not clear how strong a legal argument they'd have.
The other side: The Center for Arizona Policy, a conservative group that advocates for anti-abortion legislation, won't intervene, president Peter Gentala tells Axios, but he says he wouldn't be surprised to see someone else do so.
What's next: The Arizona Court of Appeals is scheduled to hear arguments in the case Dec. 17, while Montenegro and Petersen still lead the House and Senate.
- The AG's Office could ask the court do reschedule the hearing, Taylor said.