Arizona Judge Strikes Down Abortion Restrictions Conflicting with Voter-Backed Rights

Ruling finds older laws present unnecessary obstacles to abortion access, violating 2024 constitutional amendment

Feb. 6, 2026 at 9:15pm

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A judge in Arizona has ordered the state to stop enforcing abortion restrictions that predate and contradict a 2024 voter-approved constitutional amendment guaranteeing abortion rights. The ruling found the older laws, including requirements for multiple doctor visits and bans on telemedicine abortion pill prescriptions, present unnecessary obstacles to getting an abortion and violate the voter-backed amendment.

Why it matters

This ruling is significant as it resolves a conflict between Arizona's voter-approved constitutional protections for abortion rights and older state laws restricting access. It highlights the ongoing legal battles over abortion policy in the wake of the Supreme Court overturning Roe v. Wade in 2022, with some states moving to protect abortion rights while others seek to limit them.

The details

Maricopa Superior Court Judge Greg Como struck down several Arizona abortion restrictions, including a ban on abortions sought due to fetal genetic abnormalities, requirements for in-person doctor visits and ultrasounds, and prohibitions on telemedicine abortion pill prescriptions. The judge found these laws 'infringe on a woman's autonomous decision making' and contradict the 2024 constitutional amendment guaranteeing abortion rights.

  • The 2024 voter-approved constitutional amendment guaranteeing abortion rights in Arizona was passed.
  • In 2022, the U.S. Supreme Court overturned Roe v. Wade, clearing the way for states to ban abortion.
  • Last year, two obstetricians and the Arizona Medical Association sued over the continued enforcement of the old abortion restrictions.

The players

Judge Greg Como

A judge in Maricopa County Superior Court who ruled that Arizona must stop enforcing abortion restrictions that conflict with the state's voter-approved constitutional amendment guaranteeing abortion rights.

Kris Mayes

The Democratic attorney general of Arizona who supported the plaintiffs in the lawsuit challenging the abortion restrictions.

Steve Montenegro

The Republican speaker of the Arizona House of Representatives who intervened in the lawsuit in support of the abortion restrictions.

Warren Petersen

The Republican president of the Arizona Senate who intervened in the lawsuit in support of the abortion restrictions.

Dr. Laura Mercer

An OB-GYN and member of the board of the Arizona Medical Association, one of the plaintiffs in the lawsuit.

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What they’re saying

“My patients will no longer be forced to make additional unnecessary visits for care, nor will I be required to give them disinformation that stigmatizes abortion.”

— Dr. Laura Mercer, OB-GYN and board member, Arizona Medical Association

“We intend to work on educating people in Arizona about our position to expand our base into more pro-lifers who believe that the unborn child deserves protection.”

— Ingrid Duran, State legislative director, National Right to Life Committee

What’s next

The ruling is expected to be appealed by Republican legislative leaders who intervened in the lawsuit to defend the abortion restrictions.

The takeaway

This court decision resolves a conflict between Arizona's voter-approved constitutional protections for abortion rights and older state laws restricting access, highlighting the ongoing legal battles over abortion policy in the wake of the Supreme Court's Roe v. Wade decision. The ruling removes unnecessary obstacles to abortion in the state, though the fight is likely to continue through the appeals process.