Arizona’s Abortion Law Held Unconstitutional.

Arizona passed a law that except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks is prohibited. Three gynecologists who practice in Arizona filed suit in federal court seeking declaratory and injunctive relief against enforcement of the abortion statute. The district court denied relief. The Ninth Circuit  held that under Roe v. Wade (1973) 410 U.S. 113, [93 S.Ct. 705, 35 L.Ed.2d 147], “a woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable.” The court also stated that: “While the state may regulate the mode and manner of abortion prior to fetal viability, it may not proscribe a woman from electing abortion, nor may it impose an undue burden on her choice through regulation.” The Ninth Circuit reversed the trial court’s denial of relief. Isaacson v. Tom Horne, Attorney General of Arizona  (Ninth Cir., Ariz.; May 21, 2013) (Case No. 12-16670).