Arizona Supreme Court tosses lawsuit seeking to stop abortion rights ballot measure

The Arizona Supreme Court on Tuesday tossed out a lawsuit from an anti-abortion group, ensuring a measure enshrining protections for abortion rights into the state Constitution will appear on the ballot in November.

The state Supreme Court sided with a lower court, ruling the 200-word summary of the ballot measure groups used to educate voters about the initiative and collect signatures was neither false nor misleading.  

“The principal provisions of the Initiative are (1) the establishment of a fundamental right to abortion under the Arizona Constitution; (2) the scope of that fundamental right, before and after fetal viability; and (3) the preclusion of the State from penalizing a person for assisting another to exercise that right,” the high court ruled in a five-page opinion. 

“The Description explains each of these provisions and the tests that would apply to restrictions upon that right. Nothing in the Description ‘either communicates objectively false or misleading information or obscures the principal provisions’ basic thrust,’” the court added.  

The state court also dismissed the argument that the initiative was misleading, arguing that that claim was outside of the purview of the high court. 

The Arizona Supreme Court’s decision is a major win for Democrats who are looking to enshrine abortion protections into the state Constitution. Arizona Secretary of State Adrian Fontes (D) announced earlier this month that initiative had more than enough valid signatures to qualify. 

Arizona for Abortion Access lauded the development in a statement after the state Supreme Court ruling. 

“This is a huge win for Arizona voters and direct democracy. With this decision, voters will have a chance to vote YES on Proposition 139, the Arizona Abortion Access Act, and restore and protect the right to access abortion care in our state,” the group said. 

“We are confident that this fall, Arizona voters will make history by establishing a fundamental right to abortion in our state, once and for all.”