PHOENIX — A Maricopa County Superior Court judge is considering a case that could strike down several Arizona abortion regulations following a legal challenge that argues the current laws violate the state's constitutional right to abortion access.
The case, which concluded closing arguments Monday, centers on three sets of laws that require a 24-hour waiting period with two separate provider visits, laws banning abortion based on the patient’s reasoning behind the procedure, and a ban on telemedicine for medication abortions.
Dr. Paul Isaacson said that these requirements create daily obstacles for his patients seeking abortion care.
"Abortion care is healthcare," Isaacson said. "There's no other specialty, no other procedures that have all of these hoops that a person must jump through before they can obtain the healthcare that they need."
The Center for Reproductive Rights argues the regulations violate Arizona's constitutional amendment that codified abortion rights in 2024.
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“The three sets of laws we're challenging here plainly deny, restrict, and interfere with Arizonans' fundamental right to abortion prior to viability,” Senior attorney Caroline Sacerdote said.
State attorneys and supporting counsel defended the regulations surrounding abortion as necessary medical safeguards rather than restrictions.
Holtzman Vogel attorney Andrew Gould worked on the case earlier in the process. He calls the state’s current laws “good medical care.”
“It's a good idea for women to have an ultrasound,” Gould said. "It's good for people to reflect for just 24 hours about an important decision like that, and it's good to have in-person consultation for a decision like this," state attorneys argued.
Gould also said that the lawsuit is a “facial” challenge, one where the plaintiff argues that a statute is unconstitutional at all times. Because of this, he said the state’s defense is arguing that even one individual case that’s helped by the current systems, the lawsuit can’t stand.
"Even if you think a majority of cases are fine with telemedicine, there are some that are not. There are some instances where you really do need to see the person,” Gould said.
The Center for Reproductive Rights maintained that Arizona's constitution is clear and sets a high bar for any state involvement in abortion procedures.
"When the state interferes with the right to abortion, it has to have a very good reason for doing so and back that up in court,” Sacerdote said.
The judge said a final decision could take up to a month.
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