The United States Supreme Court overturned its earlier decision recognizing a federal constitutional right to abortion, there has been a lot of litigation, both in Arizona and around the country, related to reproductive rights. Get an overview of some of those cases below.
Paul Isaacson v. Mayes, et al. (Arizona federal court)
Issue
This is a case about several Arizona statutes that ban abortions because of a “genetic abnormality” in the fetus (the so-called “Reason Ban”), and a statute that says Arizona’s laws must be “interpreted and construed to acknowledge” the rights of “an unborn” fetus (the so-called “Interpretation Policy”).
The question is whether these statutes are so vague that they violate the United States Constitution.
Background
In 2022, a federal trial court in Arizona concluded that the law’s challengers were likely to succeed in showing that the Interpretation Policy is unconstitutionally vague, and the court entered a preliminary injunction as to that statute. In other words, that statute cannot be enforced while the litigation is ongoing.
But in 2023, the trial court found that plaintiffs’ challenge to the Reason Ban was not ripe, meaning the court found that plaintiffs sued too soon, before there was any real dispute a court could decide, so plaintiffs’ case cannot go forward.
The President of the Arizona Senate and the Speaker of the House joined in the case to defend the laws after Attorney General Mayes declined to defend the constitutionality of the laws.
Plaintiffs appealed the ripeness ruling about the Reason Ban to the Ninth Circuit Court of Appeals (the federal appellate court), and the Ninth Circuit reversed. The case is now back in the district court and moving forward.
Washington, et al. v. U.S. Food & Drug Administration (Washington federal court)
Issue
This is a case about whether the FDA has imposed unnecessary restrictions on the use of mifepristone, a medication abortion drug that has been available and on the market for over 20 years, and which has a long history of safety and effectiveness.
Background
Arizona is a plaintiff in this multistate litigation. Plaintiffs have challenged the FDA’s Risk Evaluation and Mitigation Strategies (REMS) for mifepristone as unnecessarily restrictive. REMS essentially are the FDA’s instructions about how a medication can be used. The complaint alleges that the FDA failed to consider certain evidence about mifepristone’s safety and effectiveness in maintaining the restrictions on mifepristone.
The federal district court in Washington has concluded that there are “serious issues going to the merits” of plaintiffs’ claims about how burdensome are the REMS. The district court entered a preliminary injunction, ordering the FDA not to change the status quo regarding the availability of mifepristone in the plaintiff jurisdictions while the litigation is pending.
Current Status
Several other states tried to intervene in this case to defend the REMS; the district court denied that motion, and those states have appealed to the Ninth Circuit.
The main part of the case is still ongoing in the district court. The federal government did not appeal the district court’s preliminary injunction.
Alliance for Hippocratic Medicine v. U.S. FDA (Texas federal court)
Issue
This case is a challenge to the FDA’s original approval and subsequent regulations of brand-name Mifeprex and the generic mifepristone. In short, Plaintiffs seek to completely undo the FDA’s approval of mifepristone to take it off the market.
Background
Plaintiffs challenged the FDA’s 2000 approval of Mifeprex; the 2016 amendments to the conditions for using Mifeprex; the 2019 approval of generic mifepristone; and the 2021 loosening of certain restrictions on how mifepristone can be used and dispensed.
Initially, the federal trial court in Texas entered a preliminary injunction that temporarily undid the FDA’s approval of mifepristone. That order was subsequently stayed (put on hold) by the U.S. Supreme Court and then was recently narrowed by the Fifth Circuit Court of Appeals.
Arizona joined an amicus brief filed by New York and several other states in defense of the FDA’s approval of mifepristone in the federal trial court. Arizona later joined a similar brief in the Fifth Circuit Court of Appeals (the federal appellate court), and Arizona has joined a similar brief in support of the petitioners asking the U.S. Supreme Court to hear the case.
The U.S. Supreme Court decided to take the case and review the issues raised by the federal government and Danco Laboratories, which is the company that makes Mifeprex (mifepristone). The issues in the case include whether the challengers have standing to bring their case, and whether the FDA’s regulatory actions in 2016 and 2021 were lawful.
The plaintiffs in the case (including the Alliance for Hippocratic Medicine) had also asked the Supreme Court to decide whether the FDA’s initial approval of mifepristone in 2000 was lawful. But the Supreme Court denied that petition, meaning that is not an issue it has decided to consider in this case. The Court heard oral argument on March 26, 2024.
On June 13, 2024, the Supreme Court issued its opinion in this case and held that the challengers did not have standing, meaning they cannot bring this case. That means that, for the time being, this case will not have any impact on the availability of mifepristone for Arizonans.
Disclaimers
This website is not intended to be legal advice and creates no attorney-client relationship between readers and the Attorney General’s Office. This website is not an exhaustive explanation of all abortion-related information and does not provide medical advice. Patients should always consult with licensed medical providers to answer their questions. The law is in flux and may change; this website will be updated as reasonably appropriate to reflect relevant developments in the law.