CAP Files Brief on Behalf of Unborn

For nearly 50 years, the Arizona Legislature has been unwavering in its commitment to protect unborn babies. Last night, Center for Arizona Policy (CAP) firmly countered the false claims made by Planned Parenthood and other abortion activists with an amicus brief presented to the Arizona Supreme Court.

The brief pushes back against claims from abortion activists suggesting that because Arizona lawmakers only passed pro-life laws within the constraints of Roe, that they never wanted to further restrict abortion. That is clearly false. In anticipation of the eventual fall of Roe, the Arizona Legislature consistently showed its dedication to preserving the rights of the unborn by keeping the pre-Roe law on the books, which reflects Arizona’s strong pro-life position.

Additionally, Arizona’s Legislature took deliberate steps to ensure the protection of the unborn when it passed a 15-week limitation on abortion in 2022. Lawmakers made it clear by emphasizing the significance of a law, even one that had been sidelined for almost half a century. Their intention was unambiguous: Should Roe be overturned, this law would stand to protect unborn children from elective abortions by physicians.

Despite claims made by Planned Parenthood, Arizona’s multi-layered approach to safeguarding unborn babies is actually a strategic feature, further indicating lawmakers’ intent to preserve unborn life. Our Legislature’s method ensures that even if one protective law is challenged, others remain in place to provide a safety net.

The Arizona Supreme Court will hear oral arguments in this case in December and eventually decide if the state’s pre-Roe law limiting abortion to cases where the woman’s life is at risk goes back into effect.

Samuel Green from Reason for Life and Steven H. Aden from Americans United for Life worked as counsel on this brief.

Center for Arizona Policy promotes and defends the foundational values of life, marriage and family, and religious freedom. For more information, visit 

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