AG Brnovich Files Motion Seeking Clarity on Arizona’s Abortion Law

PHOENIX –Attorney General Mark Brnovich filed a motion today in Pima County to lift a 50-year-old injunction that put an Arizona law banning abortion on hold.

The Arizona Attorney General’s Office is seeking consistency in the application of the law after Roe v. Wade was overturned by the Supreme Court of the United States in Dobbs v. Jackson Women's Health. The decision rightfully sent the issue back to our elected representatives.

“We believe this is the best and most accurate state of the law,” said Arizona Attorney General Mark Brnovich. “We know this is an important issue to so many Arizonans, and our hope is that the court will provide clarity and uniformity for our state.”

In 1901, A.R.S § 13-3603 was put in place. While the law was put on hold in 1973 because of Roe, the state legislature re-enacted it in 1977. In 2022, the state legislature passed SB 1164, which also included a line stating the act did not, “repeal, by implication or otherwise, section 13-3603.” The legislature, expressing the will of voters who elected them, has made its intentions clear time and again that A.R.S § 13-3603 was to remain in place.

Copy of filing here.