Arizona Democrats, having won control of both chambers of the state legislature while holding the governorship in the 2026 midterms, are preparing to roll back a series of abortion restrictions, including a ban on aborting unborn babies diagnosed with nonfatal genetic abnormalities such as Down syndrome.
Other laws under review include a 24-hour ultrasound requirement before an abortion, a mandate that doctors inform patients of abortion alternatives, and a ban on telehealth abortions, according to Axios.
The laws are already the subject of litigation. The ACLU of Arizona and the Center for Reproductive Rights sued the state last year, arguing the restrictions are unconstitutional under Proposition 139, the 2024 ballot measure that enshrined a right to abortion in the Arizona constitution. A Maricopa County judge agreed and struck the laws down.
Democratic Arizona Attorney General Kris Mayes declined to defend the restrictions in court. Republican legislative leaders stepped in to appeal the ruling instead.
That appeal may not survive the change in legislative control. Senate president-elect Priya Sundareshan told Axios that incoming Democratic lawmakers intend to repeal the restrictions outright and “will certainly be ending the litigation.”
Abortion-rights advocates say they want the issue resolved through legislation rather than left to an appellate court. Athena Salman of Reproductive Freedom for All, a former state lawmaker, told Axios her organization does not want to risk an unfavorable ruling on appeal and is pushing Democrats to go further by repealing laws that haven’t yet been challenged in court, including a restriction on advertising abortion and contraception services.
“It needs to be clear that Prop. 139 set a floor. It set a foundation to then stack rights upon it,” Salman said.
Richie Taylor, a spokesperson for the attorney general’s office, told Axios that outside groups or even a county attorney could potentially step in to defend the restrictions if the state declines to.
The Arizona Court of Appeals is scheduled to hear arguments in the case on December 17, while Republican House Speaker Steve Montenegro and Senate President Warren Petersen are still in their leadership posts. Taylor said the attorney general’s office could ask the court to push the hearing back.
