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Arizona Judge Strikes Down Key Abortion Restrictions Under 2024 Constitutional Amendment

Legislative leaders plan an appeal after the court found the measures unlawfully override medical judgment.

Overview

  • Maricopa County Superior Court Judge Gregory Como permanently enjoined several preexisting limits on abortion access as unconstitutional under Proposition 139.
  • The ruling blocks Arizona’s two-visit, 24-hour waiting requirement with mandated in-person counseling, bans tied to fetal diagnoses, and the prohibition on telemedicine for medication abortion.
  • Como wrote that the laws universally suppress medical judgment and infringe patient autonomy, failing the amendment’s narrow compelling-interest standard.
  • The challenge was brought by two Arizona providers and the Arizona Medical Association, represented by the Center for Reproductive Rights and ACLU affiliates.
  • Attorney General Kris Mayes praised the decision as a major victory, while Republican legislative leaders said they will appeal, potentially affecting how quickly changes such as telemedicine and by-mail medication abortion take effect.