Issues: Litigation Center

In the Courts

Center for Arizona Policy (CAP) has been involved in the passage of 136 bills to date; however, the fight to defend life, marriage and family, and religious freedom 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

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

District Court Judge David Campbell dismissed the lawsuit in October 2013 for lack of standing. That decision was then appealed by the ACLU to the Ninth Circuit Court of Appeals, and on December 15, 2015, a 3-judge panel of the Ninth Circuit agreed with the lower court and dismissed the case for lack of standing. It is unknown whether the ACLU will appeal this case to the U.S. Supreme Court.

Notes

Relevant URLs

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

Read about the decision here: http://bit.ly/1TSlcSK

Planned Parenthood v. Brnovich

Description

Issue: Whether requiring abortion providers to inform women prior to obtaining abortion that the effects of a medication abortion may be reversible but that time is of the essence is unconstitutional and a violation of the First and Fourteenth Amendments.

Current Status

Planned Parenthood filed the legal challenge on June 4, 2015, less than one month before the law was set to take effect. A hearing was initially set for June 23, 2015 before District Court Judge Steven Logan to determine whether the law would be allowed to take effect. After the hearing was postponed, the state agreed to a preliminary injunction to allow the state more time to bolster the evidence supporting Abortion Pill Reversal. There is no timetable on when the next hearing will take place.

Notes

Relevant URLs

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

District Court Judge David Bury upheld the law in April 2014, but an appeal to the Ninth Circuit Court of Appeals resulted in the law being struck down on June 3, 2014. Arizona appealed that decision to the U.S. Supreme Court, and on December 15, 2014 the Court declined to review the Ninth Circuit’s decision to issue a preliminary injunction and halt the law from taking effect. Although not finished, this case is stayed, pending the outcome of the state court case focusing on the same law.

Notes

Relevant URLs

Going Rogue: Ninth Circuit Bucks Legal Precedent by Blocking AZ Law viahttp://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

This case challenged the FDA Protocol requirement for medication abortions on different grounds from the federal lawsuit. On October 13, 2015, Maricopa County Superior Court Judge Richard Gama ruled that the law violated the Arizona Constitution by adopting a changeable standard and by unlawfully delegating legislative power. An appeal or amendment to the law is expected.

Notes

Relevant URLs

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

http://www.abc15.com/news/state/judge-rules-medication-abortion-law-unconstitutional

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