Health Care Providers File Lawsuit to Expand Abortion Access in Arizona
PHOENIX 鈥 Arizona doctors filed a lawsuit today seeking to strike down many remaining abortion restrictions and further expand access to care in the state. One such restriction forces patients to unnecessarily make two separate trips to a clinic, delaying access to time-sensitive care for days, if not weeks. The lawsuit argues that these medically unnecessary restrictions make it harder to access abortion care and thus violate the state鈥檚 new constitutional amendment protecting the right to abortion.
Last November, Arizona voters overwhelmingly approved Proposition 139, the Arizona Abortion Access Act, to enshrine the fundamental right to abortion in the state constitution. Soon after the amendment passed, Arizona health care providers swiftly and successfully blocked the state鈥檚 15-week abortion ban. Now, they are challenging some of the state鈥檚 most burdensome restrictions that remain on the books to make sure patients can get the constitutionally protected care they need. The restrictions challenged include:
Laws forcing providers to relay, and patients to receive, biased and inaccurate information about abortion in person, and then wait at least 24 hours before being able to obtain care 鈥 requiring two separate trips to a provider. Patients are often unable to get time-sensitive care for days, if not weeks, because of these restrictions.
Laws banning abortion as an option for patients with fetal diagnoses, forcing doctors to turn their patients away if they even suspect someone鈥檚 reason for seeking care is due to a fetal condition.
A prohibition on the use of telemedicine for medication abortion, including a ban on the mailing of abortion pills, despite ample evidence that this is a safe and effective form of care.
These restrictions make it harder, if not impossible, for Arizonans to get abortion care in the state. These barriers disproportionately impact low-income communities, communities of color, and those living in rural areas who already have limited access to health care. Access to medication abortion via telemedicine and mail, for example, has been essential for many who don鈥檛 have the resources to make multiple trips or travel long distances for care. Arizona is one of just four states that ban the mailing of abortion pills. These restrictions are designed to make abortion care more difficult, time-consuming, expensive, and distressing to access.
Quotes from plaintiffs and attorneys:
鈥淭rust, honesty, and open communication are essential parts of a healthy doctor-patient relationship 鈥 and these restrictions get in the way of all three,鈥 said Dr. Paul Isaacson, OB-GYN and co-owner of the Family Planning Associates Medical Group. 鈥淭he state of Arizona has forced me to compromise my duty as a doctor to provide my patients with accurate information and the safest, most compassionate care possible. These laws are not based in medicine. I am hopeful that the courts will see these unnecessary, harmful restrictions for what they are and honor what the majority of Arizonans want: the right to decide what鈥檚 best for their own health and futures.鈥
鈥淭here is absolutely no medical reason why I shouldn鈥檛 be able to offer abortion care via telemedicine,鈥 said Dr. William Richardson, OB-GYN and owner of Choices Women鈥檚 Center. "By banning telemedicine, Arizona is putting ideology over science and politics over patient health. These restrictions are an insult to patients and only push care out of reach 鈥 especially for those in rural, low-income, and marginalized communities. Arizonans have a right to autonomy, dignity, and evidence-based care, so I joined this lawsuit to make that a reality 鈥 not just for my patients, but for everyone."
鈥淟ast November, Arizona voters took back the power to make their own reproductive health care decisions. Yet they still must jump through hoops to get abortion care,鈥 said Nancy Northup, president and CEO of the Center for Reproductive Rights. 鈥淭hese burdensome restrictions have been in place for far too long, so we鈥檙e going to court to strike them down once and for all. We are carrying out the will of the voters. The public and the constitution are aligned 鈥 now it鈥檚 time for the law to catch up.鈥
鈥淲hen I see a patient who is seeking abortion, I trust that she is making the best decision for herself and her family,鈥 said Dr. Laura Mercer, OB-GYN and Arizona Medical Association Board Member At-Large. 鈥淏ut restrictions like Arizona鈥檚 biased counseling requirement and forced delay period force me to undermine my patient鈥檚 decisions and violate my professional code of ethics. As a health care provider and educator, I am proud that the Arizona Medical Association is challenging these laws so that every Arizonan can make pregnancy decisions without interference.鈥
鈥淭hese stigmatizing and medically unnecessary abortion restrictions violate the right to reproductive freedom established by Arizona voters last November, and it鈥檚 time for them to go,鈥 said Rebecca Chan, Staff Attorney for the 糖心VlogReproductive Freedom Project. 鈥淎rizonans are perfectly capable of making decisions about their own reproductive futures. Voters made crystal clear last fall that denying people this autonomy is not just wrong 鈥 it is unconstitutional. All people deserve the freedom to make decisions about their pregnancies without political interference. The 糖心Vlogis proud to be challenging these laws alongside our partners to fulfil the promise of the Arizona Abortion Access Act.鈥
鈥淎rizonans have long faced strict barriers to care that add unnecessary cost, stress, and burden to people who need abortions. Even with the passage of Proposition 139, those laws remain on the books,鈥 said Lauren Beall, staff attorney for the 糖心Vlogof Arizona. 鈥淣o one should have to face state-mandated delays to healthcare, be forced to listen to biased and inaccurate information about abortion or lose access to medication by mail because of a ban. Alongside providers and partners, we are fighting to fulfill the promise of the Abortion Access Act for everyone who needs care in our state.鈥
Fighting to enforce Arizona鈥檚 new state constitutional protections for abortion are Dr. Paul A. Isaacson, M.D., Dr. William Richardson, M.D., and the Arizona Medical Association represented by the Center for Reproductive Rights, the 糖心Vlog, and 糖心Vlogof Arizona.
Court Case: Isaacson v. Arizona
Affiliate: Arizona