A coalition of 17 states, led by Arkansas, is among the entities which recently asked the Arizona Supreme Court to reverse a ruling barring Arizona’s territorial-era law restricting abortions from being enforced.
The current abortion struggle in the state surrounds Arizona Revised Statute (ARS) § 13-3603, the pre-roe law which states that no person is allowed to provide a pregnant woman with an abortion unless it is necessary to save the mother’s life and ARS § 36-2322, which was enacted in 2022 and prohibits the procedure after 15 weeks of pregnancy. The Arizona Court of Appeals previously ruled that the 15-week ban takes priority over the previous law to avoid any confusion for medical professionals. Therefore, abortion is currently legal in Arizona for a brief window of pregnancy.
The Arizona Center for Policy (CAP) shared Wednesday that it has entered the legal battle surrounding Arizona’s territorial-era limitations on abortions with an amicus brief to the state Supreme Court.
“State lawmakers kept the state’s pre-Roe law on the books as they passed dozens of laws protecting life while Roe forbade them from going further,” said CAP President Cathi Herrod. “Allowing the lower court ruling to stand threatens thousands of lives a year, as well as the integrity of the judiciary, and the Legislature’s power to govern.”
The Arizona-based Goldwater Institute (GI) joined in the legal battle between Arizona Christian University (ACU) and the Washington Elementary School District (WESD), arguing that ACU was discriminated against based on its religious beliefs.
“A private organization like ACU should be free to espouse its beliefs without fear of retaliation from the government. And K-12 students should not have to go without teachers simply because their school board refuses to hire qualified candidates based on those candidates’ perceived personal beliefs and convictions,” according to the GI.
The Arizona Supreme Court released an opinion in the Legacy Foundation (Legacy) v. Clean Elections Commission (CEC) Thursday, which the Goldwater Institute (GI) celebrated as a victory for checks and balances.
“State bureaucrats cannot simply decide the reach of their own authority,” said GI Vice President of Legal Affairs Timothy Sandefur. “When bureaucrats—who are often not answerable to voters at all—have the power to make the rules, investigate infractions, and punish people for violating those rules, that authority can undermine our most important constitutional values and threaten individual rights.”
Arizona Attorney General Mark Brnovich (R) recently led a coalition of 20 state attorneys general in filing an amicus brief urging the Supreme Court of the United States (SCOTUS) to protect the rights of consumers in class action settlements.
“Class action settlements should benefit people who have been harmed and not just the attorneys,” Brnovich said in a press release. “That’s why we are asking the court to ensure consumer interests are being faithfully represented.”
This past year, the Arizona Legislature passed a law banning the abortion of babies for reasons of genetic abnormalities such as Down Syndrome, but a federal judge who was appointed by President Barack Obama halted it from going into effect due to a legal challenge. Democratic New York Attorney General Letitia James and 22 other attorneys general jumped into the litigation, filing an amicus brief supporting the challenge to SB 1497, which is also known as the “Reason Ban.”
James stated, “Arizona is just the latest in the long line of conservative-led states that are seeking to impose their will on millions of women with laws that aim to control our bodies, our choices, and our freedoms, but we will never stop fighting them. We’re asking the appeals court to uphold the lower court’s decision and strike down this unconstitutional law.”
Arizona Attorney General Mark Brnovich joined 26 other states to submit an amicus brief to the U.S. Supreme Court in support of a lawsuit seeking to expand 2nd Amendment rights.
The case, New York State Rifle & Pistol Association, Inc v. Kevin P. Bruen, is challenging current laws and regulations of New York State’s concealed carry requirements.