Arizona lawsuit challenges telemedicine ban
Center for Reproductive Rights files second complaint that will challenge abortion restrictions following the amendment's passage last year.
In its second case brought under Arizona’s new voter-approved constitutional amendment protecting abortion rights, the Center for Reproductive Rights filed a lawsuit with its partners on May 22, challenging three groups of laws encompassing dozens of statutes and regulations that remain in effect.
The suit will challenge laws banning abortion based on the patient’s reason for seeking one. It will also seek to nullify laws regarding a 24-hour waiting period and a ban on telemedicine for medication abortion. If the lawsuit is successful, women in Arizona will be able to receive abortion medication through the mail. The American Civil Liberties Union and ACLU of Arizona are co-counsel.
The Arizona Abortion Access Act, passed in 2024, enshrines the fundamental right to abortion in the state constitution and subjects any interference with that right to the highest level of constitutional scrutiny, according to a news release on the lawsuit’s filing.
“We are carrying out the will of the voters,” said Nancy Northup, Center President and CEO, about the lawsuit. “The public and the constitution are aligned—now it’s time for the law to catch up.”
Plaintiffs include Dr. Paul A. Isaacson, Dr. William Richardson, and the Arizona Medical Association.
Dr. Richardson, owner of Choices Women’s Center, said that by banning telemedicine, Arizona put ideology and politics over patient health.
“Arizonans have a right to autonomy, dignity, and evidence-based care, so I joined this lawsuit to make that a reality — not just for my patients, but for everyone,” Richardson said in a news release.
Isaacson, co-owner of the Family Planning Associates Medical Group, said the state had forced him to compromise his duty as a doctor to provide them with accurate information.
“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’s best for their own health and future,” Isaacson said.
In an earlier Center case in Arizona, in March, a state judge permanently blocked Arizona’s 15-week abortion ban, declaring it unconstitutional under the same 2024 amendment. The ban took effect in 2022 after the U.S. Supreme Court eliminated the federal constitutional right to abortion.
“Beyond targeting Arizona’s web of abortion restrictions, these cases aim to increase access to constitutionally protected care. These cases also aim to shape the broader interpretation of the new amendment to ensure Arizona follows through on its constitutional guarantees,” said Gail Deady, Senior Attorney at the Center.