Issues: Litigation Center

In the Courts

Center for Arizona Policy (CAP) has been involved in the passage of 130 bills to date; however, the fight to defend life, marriage and family, and religious liberty does not end with the governor's signature on a bill. Our opponents continue to file lawsuits challenging CAP-supported laws in order to prevent them from being enforced.

CAP's Involvement

CAP's involvement in these lawsuits is usually one of support, and we are often used as a resource for compiling legislative history, expert testimony, and research. Additionally, CAP continues to be in a position to submit amicus briefs (friend of the court briefs), which allow for CAP's voice to be heard in these court battles.

CAP-Supported Legislation Being Litigated

Connolly v. Roche (originally Connolly v. Brewer)

Description:

Issue: Whether Arizona's constitutional definition of marriage violates the Equal Protection Clause of the Constitution.

Current Status:

Brought on behalf of four same-sex couples, this case was filed on January 6, 2014, and is currently pending before Federal District Court Judge John Sedwick.

Notes:

Relevant URLs:

4 Same-Sex Couples File Suit on Marriage via http://ktar.com/305/1690056/Samesex-marriages-again-an-issue-in-Arizona  

NAACP v. Horne

Description:

Issue: Whether Arizona's prohibition of abortions based on race or gender violates the Equal Protection Clause of the Constitution.

Current Status:

On October 3, 2013, Federal District Court Judge David Campbell dismissed the case for lack of standing.

On March 12, 2014, the NAACP appealed the dismissal to the Ninth Circuit Court of Appeals.

Notes:

Relevant URLs:

Challenge Against Law Prohibiting Race and Gender Based Abortions via http://www.adfmedia.org/News/PRDetail/8539

Majors v. Jeanes (originally Majors v. Horne)

Description:

Issue: Whether Arizona's constitutional definition of marriage violates the Equal Protection Clause of the Constitution.

Current Status:

This case was brought by several same-sex couples, the surviving partners of two other same-sex couples, and Equality Arizona. It was filed on March 13, 2014 and is currently pending before Federal District Court Judge John Sedwick.

Notes:

Relevant URLs:

Lawsuit Challenges Arizona's Constitutional Marriage Amendment via http://www.azcentral.com/story/news/politics/2014/03/13/arizona-same-sex-marriage-lawsuit/6378435

Same-Sex Couples Challenge Arizona's Constitutional Definition of Marriage via http://www.citizenlink.com/2014/03/14/same-sex-couples-challenge-arizonas-constitutional-marriage-amendment

Planned Parenthood v. Humble (Federal Court Case)

Description:

Issue: Whether Arizona's requirement that chemical abortions be administered according to the Food and Drug Administration Protocol is unconstitutional and imposes an undue burden on a woman's right to an abortion.

Current Status:

On March 31, 2014, Federal District Court Judge David Bury denied Planned Parenthood's motion to temporarily block the law from going into effect.

On June 3, 2014, a three-judge panel of the Ninth Circuit Court of Appeals reversed Judge Bury’s decision, issued a preliminary injunction against the law, and returned the case to the lower court.

On September 2, 2014, the State of Arizona petitioned the United States Supreme Court to review the Ninth Circuit’s decision.

Notes:

Relevant URLs:

Going Rogue: Ninth Circuit Bucks Legal Precedent by Blocking AZ Law via http://www.azpolicy.org/newsroom/going-rogue-ninth-circuit-bucks-legal-precedent-by-blocking-az-law 

Ninth Circuit Court of Appeal blocks Arizona Law via http://www.azcentral.com/story/news/arizona/politics/2014/06/03/arizona-abortion-law-blocked-appeals-court/9917647 

To read Americans United for Life's amicus curiae brief submitted on behalf of 32 Arizona legislators in support of this CAP-supported law, click here.

Planned Parenthood Once Again Puts Profits Before People via http://www.azpolicy.org/newsroom/planned-parenthood-once-again-puts-profits-before-people

Planned Parenthood Loses. Arizona Women Win. via http://www.azpolicy.org/newsroom/planned-parenthood-loses-arizona-women-win

Arizona Women Deserve Better via http://www.azpolicy.org/newsroom/Arizona-Women-Deserve-Better

Circuit Court to Hear Abortion Drug Ban via http://www.eastvalleytribune.com/arizona/politics/article_cbd8b560-da1c-11e3-8d21-001a4bcf887a.html

Court to Decide on Abortion Drug Ban via http://www.azcentral.com/story/news/arizona/politics/2014/05/12/court-hear-arizona-abortion-drug-limits-case/9019949

Federal Appellate Judges to Determine if Abortion Drugs Should be Used According to FDA Protocol via http://azcapitoltimes.com/news/2014/05/13/a-flaw-in-the-argument-federal-judges-question-arizonas-restrictions-on-medication-abortion

Planned Parenthood v. Humble (State Court Case)

Description:

Issue: Whether Arizona's requirement that chemical abortions be administered according to the Food and Drug Administration Protocol unconstitutionally delegates legislative authority to the Food and Drug Administration, and whether Arizona Department of Health Services violated rulemaking procedures when promulgating the rules that govern this law.

Current Status:

Filed on April 7, 2014, this case is currently pending before Maricopa County Superior Court Judge J. Richard Gama.

Notes:

Relevant URLs:

Planned Parenthood Sues Arizona on Abortion Requirement via http://www.courthousenews.com/2014/04/11/66986.htm