NAACP v. Horne


In 2013, the American Civil Liberties Union and the ACLU of Arizona filed a lawsuit on behalf of the NAACP of Maricopa County and the National Asian Pacific American Women’s Forum challenging HB 2443, a law which requires abortion providers to certify that patients seeking abortion are not doing so on the basis of the race or sex of the fetus.

Plaintiffs alleged that the law violated the Equal Protection Clause because it: (1) intentionally stigmatizes certain women seeking abortion care on the basis of race; (2) is motivated by racist and discriminatory beliefs about the reasons Black and Asian Pacific Islander (API) women decide to obtain abortion care; and (3) intentionally denies Black and API women equal treatment under the law because its purpose is—by virtue of their race—to scrutinize their personal, private, and constitutionally protected decisions to have an abortion.

On October 3, 2013, the district court dismissed the lawsuit on the basis that NAACP and NAPWF members lack standing. The court ruled that stigmatic harm was not sufficient to support standing where plaintiffs had not personally been denied equal treatment under the law.

On March 12, 2014, NAACP and NAPWF appealed that ruling to the Ninth Circuit Court of Appeals which heard oral arguments on the case on December 9, 2015.

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