United States Ninth Circuit

District court's order denying declaratory and injunctive relief to plaintiffs in their challenge to Arizona House Bill 2036, enacted in April 2012, is reversed, where: 1) the Constitution does not permit the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable; 2) under controlling Supreme Court precedent, Arizona may not deprive a woman of the choice to terminate her pregnancy at any point prior to viability; and 3) the legislation at issue effects such a deprivation by prohibiting abortion from twenty weeks gestational age through fetal viability, and is thus unconstitutional.

Appellate Information

• Decided 05/21/2013
• Published 05/21/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel