United States Ninth Circuit

In an action seeking to enjoin enforcement of an Arizona statute and its implementing regulation, which restrict the manner in which certain medications may be used to perform abortions, the district court's denial of plaintiffs' motion for a preliminary injunction is reversed and remanded, where: 1) plaintiffs introduced uncontroverted evidence that the Arizona law substantially burdened women's access to abortion services; 2) Arizona introduced no evidence that the law advanced in any way Arizona's interest in women's health; 3) on the record here, the burden imposed by the Arizona law was undue within the meaning of Planned Parenthood of Se. Penn. v. Casey, 505 U.S. 833, 876 (1992), and Gonzales v. Carhart, 550 U.S. 124 (2007); and therefore, 4) the district court abused its discretion when it held that plaintiffs were unlikely to succeed on the merits of their undue burden claim.

Appellate Information

• Decided 06/03/2014
• Published 06/03/2014

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel