Isaacson v. Horne


Filed On

Jul 12, 2012

Decided On

May 21, 2013

Learn More

http://www.aclu.org/reproductive-freedom/isaacson-v-horne

SUMMARY

The Center for Reproductive Rights, American Civil Liberties Union, and the ACLU of Arizona filed a lawsuit on behalf of three physicians who challenged provisions of Arizona’s omnibus anti-abortion bill HB 2036 banning abortion at 20 weeks’ gestation. (The law permits abortion in cases where the woman is facing a medical emergency that could lead to death or serious physical impairment.) Plaintiffs argued that the ban violates clear U.S. Supreme Court precedent prohibiting states from banning abortion prior to fetal viability, which occurs after 20 weeks.

STATUS

The District Court of Arizona upheld the ban. (Isaacson v. Horne, 884 F.Supp.2d 961 (D. Ariz. 2012).) The Ninth Circuit Court of Appeals reversed and found the ban unconstitutional under Roe v. Wade, Planned Parenthood v. Casey, and Gonzales v. Carhart, ruling that Arizona could not “deprive a woman of the choice to terminate her pregnancy at any point prior to viability.” (Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013).) The Supreme Court refused to review the Ninth Circuit’s decision. As such, the Ninth Circuit’s decision is final.

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