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A year in Arizona following the fall of Roe v. Wade

Posted at 7:22 PM, Jun 23, 2023
and last updated 2023-06-23 22:22:08-04

This Saturday marks one year since Roe v. Wade was overturned. The U.S. Supreme Court put the decision in the hands of the states when it comes to abortion.

Over the last year, Arizona patients, providers, and even those against abortion found themselves in a legal limbo, at times not knowing what our law was.

“The reality was just so much more shocking than I thought it would be,” said Dr. Paul Isaacson with Family Planning Associates Medical Group.

That's how Dr. Isaacson described those hours and days following the release of the Supreme Court’s decision last June.

As thousands of Arizonans protested in the days following, anti-abortion advocates celebrated.

“Surprise, gratitude that finally unborn children and their mothers would have a chance,” said President of the Center for Arizona Policy Cathi Herrod.

Lynn Dyer, who has sat outside clinics giving other resources to women for decades, also rejoiced.

“Oh my gosh it was almost like I couldn't even think,” said Dyer. “I was so happy. I was so excited. I just thought, 'Finally.'”

But the legal battle over abortion rights in Arizona was just beginning.

One of the main issues: would a pre-statehood law, a near-total ban on abortion, take precedence over a 15-week abortion ban passed during the 2022 session?

“Arizona was the most confused situation of all I think,” said Dr. Isaacson.

The confusion caused fear for providers, including Dr. Jill Gibson. She’s the medical provider for Planned Parenthood Arizona but is also a mom herself.

“There was a realization that just doing my job to the best of my ability, to the standards that are known for evidence-based medicine could land me in jail,” said Dr. Gibson.

Since last June, Dr. Isaacson closed, packed up, and reopened his Phoenix office. Planned Parenthood Arizona paused and restarted its abortion services as different lawsuits made their way through the court system.

“How I'm feeling is that we have adapted to a new reality,” said Dr. Isaacson.

Their new reality in Arizona, Dr. Isaacson told ABC15, they are now following the 15-week ban on abortions. A law that was passed during the 2022 session.

“So we are operating on a ban of all abortions 15 weeks or greater and a ban on abortions when the woman's sole reason for doing so is a fetal abnormality,” said Dr. Isaacson.

Both Dr. Isaacson and Dr. Gibson said patients are still being left confused and stressed. Sometimes having to rush in, or still travel.

“What we're seeing is patients feeling a lot more pressure, and a lot more anxiety and frankly desperation to secure the abortion that they know that they need,” said Dr. Gibson.

With a separate location in Nevada, where people are able to get abortions for up to 24 weeks, Dr. Isaacson sees patients from Arizona and beyond.

“Our volume of patients in Las Vegas has gone up a great deal, and a significant number of those patients are from Texas where you simply can't get an abortion,” said Dr. Isaacson.

Providers like Planned Parenthood have used this time to help provide other resources and are even planning to expand abortion services here in Arizona.

“That’s why I'm here is to offer them an alternative,” said Dyer.

But Dyer and those fighting against abortion are still at clinics daily.

“A lot of them I've kept in contact with,” said Dyer, describing the women she has met.

Holding her rosary, Dyer prays and offers women a pamphlet and even a ride to another women’s clinic.

“There are so many rewarding times and moments,” said Dyer.

Herrod and the Center for Arizona Policy are focusing on the next battle.

The debate over the near-total abortion ban or the ban on abortions after 15 weeks is now pending before the State Supreme Court.

This suit was being pushed by the former Attorney General Mark Mark Brnovich, but with Kris Mayes now serving in that position, ABC15 reached out to her team to get the latest on the case.

“In light of the court of appeals’ decision, Attorney General Mayes did not continue the Brnovich administration’s attempts to reinstate the territorial-era ban,” said a member of AG Mayes’ team. “But an intervenor in the case, Dr. Eric Hazelrigg, filed a petition for review in the Arizona Supreme Court in March 2023, seeking to reinstate the territorial-era ban. Attorney General Mayes opposed the petition, and filed a response to 10 amicus briefs in support of the petition.”

Herrod is hoping for a different outcome than what the State Court of Appeals decided in December of 2022.

“My hope is that the Arizona Supreme Court will uphold our pre-Roe law that women will be protected from the tragedy of abortion and unborn children's lives will be saved,” said Herrod.

“I do think that the Dobbs decision was probably the tip of the iceberg,” said Dr. Gibson.

Providers know this is far from the end. Within the last few months, the abortion pill has been challenged in courts across the country.

“I keep reminding people here and that I encounter out of work, that nothing is set in stone yet,” said Dr. Isaacson.

But he hopes the people of Arizona will soon be able to weigh in.

“I'm hopeful that there will be an initiative on the ballot in the next state election,” said Dr. Isaacson.