World February 6, 2026

Arizona Judge Invalidates Three Abortion-Related Restrictions Citing New State Constitutional Right

Maricopa County judge finds telemedicine ban, mandated reasons and genetic-disability prohibition violate Arizona’s 2024 abortion right

By Derek Hwang
Arizona Judge Invalidates Three Abortion-Related Restrictions Citing New State Constitutional Right

A Maricopa County judge ruled that three Arizona statutes restricting abortion access conflict with a right to abortion added to the state constitution in 2024. The decision removes bans on telemedicine for medication abortions, requirements that patients state a reason for seeking an abortion, and a prohibition on abortions based on fetal genetic abnormalities, along with mandated ultrasound and waiting-period rules.

Key Points

  • A Maricopa County Superior Court judge found three Arizona laws restricting abortion access violated a right to abortion added to the state constitution in 2024.
  • The struck-down measures included a telemedicine ban for medication abortion, a mandate requiring patients to provide a reason for seeking an abortion, and a prohibition on abortions because of a fetal genetic abnormality; the laws also imposed an ultrasound requirement and a one-day waiting period necessitating a second clinic visit.
  • The lawsuit was filed by two OB-GYN doctors and the Arizona Medical Association; Arizona Attorney General Kris Mayes, elected after the laws were enacted, supported the ruling as affirming constitutional reproductive rights and clinical decision-making.

An Arizona judge on Friday struck down three state laws that had limited access to abortion, concluding the restrictions were incompatible with a right to abortion enshrined in the state constitution last year.

Maricopa County Superior Court Judge Gregory Como found that the contested measures failed to advance patient health, interfered with personal decision-making, and violated the constitutionally protected - "fundamental right to abortion under Arizona law," the ruling said.

The statutes challenged in the lawsuit included a ban on the use of telemedicine to provide medication abortion, a requirement that patients give a reason for seeking an abortion, and a prohibition on abortions performed because of a "genetic abnormality" detected in the fetus. Additional provisions struck down mandated that every patient seeking an abortion receive an ultrasound at least 24 hours before the procedure and imposed a minimum one-day waiting period that required patients to make a separate, second visit to a provider before receiving care.

All of the laws the judge reviewed had been enacted before Arizona voters approved a constitutional amendment in November 2024 that guarantees a right to an abortion under state law.

The legal challenge was brought by two obstetrician-gynecologist physicians together with the Arizona Medical Association. One of the plaintiffs, Dr. Paul Isaacson, said the court's decision removes barriers that had impeded patient care. "For the first time in a long time, my patients will not have to jump through hoops to get the care they need," Isaacson said.

Arizona Attorney General Kris Mayes, a Democrat who won election after the contested laws were enacted, characterized the ruling as a victory for women, families, and medical professionals in the state. "This ruling affirms that Arizona women have a constitutional right to access the reproductive healthcare they need, without unnecessary government interference," Mayes said in a statement. "Doctors must be allowed to provide care based on their medical judgment, not on the beliefs of anti-abortion politicians."

The court's decision removes specific statutory limits on how medication abortions may be provided, the circumstances patients must articulate to obtain care, and prohibitions tied to fetal genetic findings, as well as procedural requirements intended to delay or add additional steps to obtaining abortion services. The ruling rests on the determination that these requirements are inconsistent with the constitutional guarantee adopted by voters in November 2024.

The lawsuit and the judge's ruling focus on the compatibility of existing statutes with the state constitutional amendment rather than introducing new statutory language. The case was argued by physicians and a medical association representing clinical interests; the attorney general addressed the decision from the standpoint of constitutional protection for reproductive healthcare and the role of clinical judgment in care delivery.


Reporting note: The court's findings are limited to the laws named in the complaint and the state constitutional provisions adopted by voters in 2024. The decision cites the absence of demonstrated health benefits from the contested restrictions as part of the basis for finding the statutes unconstitutional.

Risks

  • Legal and regulatory uncertainty for healthcare providers persists while statutes enacted before the 2024 constitutional amendment are reviewed and litigated - this affects clinical services and telemedicine operations.
  • Patients previously subject to procedural requirements such as mandatory ultrasounds, waiting periods and in-person visits experienced reduced access to care; medical services and telehealth providers were directly impacted by those restrictions.
  • Shifts in political leadership and timing of elections relative to when laws are enacted can influence enforcement and litigation outcomes for healthcare regulations, creating a variable operating environment for providers and related sectors.

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