Federal Appeals Court Revives Challenge to Arizona Ban on Abortions Due to Genetic Abnormalities

9th U.S. Circuit Court of Appeals sends case back to lower courts, ruling that doctors can renew their effort to halt Arizona law that criminalizes abortions sought due to fetal genetic abnormalities.

• A federal appeals court has revived a challenge to an Arizona law that criminalizes abortions sought due to fetal genetic abnormalities, such as Down syndrome. The law makes it a felony, with possible jail time of four to 24 months for doctors, if they perform abortions knowing that the sole reason for seeking the procedure is a genetic abnormality in the fetus.
• The case has been sent back to a lower court to consider the doctors' request for a court order blocking the law. The appeals court did not rule on the validity of the law itself but confirmed that the physicians involved in the lawsuit have the legal standing to request the block due to potential prosecution and resulting economic losses.
• U.S. District Judge Douglas Rayes had originally blocked the law in September 2021, citing concerns over its vagueness and potential unconstitutionality. His block was later overturned by the U.S. Supreme Court, leading Rayes to issue a new ruling in January stating that doctors and patients no longer have constitutional rights to perform or receive elective abortions.
• The law is being defended by Arizona Senate President Warren Petersen and House Speaker Ben Toma, with the support of conservative legal group Alliance Defending Freedom, who argue the law prevents discriminatory abortions. Conversely, Arizona Attorney General Kris Mayes declined to defend it on claims of unconstitutionality.
• In a separate case, the Arizona Supreme Court will hear arguments regarding another pre-statehood law ban on abortions in nearly all cases, questioning the prosecution of doctors for performing abortions. This comes in the context of an initiative by advocates to make Arizona the latest state to put reproductive rights to voter decision, potentially creating a constitutional right to abortion.

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