Issues: Litigation Center

In the Courts

Center for Arizona Policy (CAP) has been involved in the passage of 123 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

Horne v. Isaacson

Description:

Issue: Whether Arizona may prohibit most abortions after 20 weeks of pregnancy.

Current Status:

On May 21, 2013, the Ninth Circuit Court of Appeals reversed a lower court's decision and ruled that Arizona's prohibition on most abortions after 20 weeks gestation is unconstitutional.

On September 27, 2013, the State of Arizona appealed this case to the U.S. Supreme Court for review.

Notes:

Relevant URLs:

To read Center for Arizona Policy's amicus curiae brief urging the U.S. Supreme Court to agree to review this case, click here.

To read Center for Arizona Policy's amicus curiae brief that was filed before the Ninth Circuit Court of Appeals, click here.

Planned Parenthood v. Betlach

Description:

Issue: Whether Arizona may prohibit abortion providers from receiving family planning funding.

Current Status:

On August 22, 2013, the Ninth Circuit Court of Appeals affirmed a lower court decision and ruled that the Arizona law violates the terms of the Medicaid Act by restricting Medicaid patients' choice of provider.

Notes:

Relevant URLs:

Niehaus v. Huppenthal

Description:

Issue: Whether Arizona's Empowerment Scholarship Account program violates Article IX, Section 10 of the Arizona Constitution, which states that "no tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation."

Current Status:

On October 1, 2013, a three-judge panel of the Arizona Court of Appeals unanimously upheld the Empowerment Scholarship Accounts program as constitutional.

On October 19, 2013, the Arizona Education Association and Arizona School Boards Association appealed this ruling to the Arizona Supreme Court for review.

Notes:

Relevant URLs: