The law prohibits abortionists from committing an abortion decided purely due to the child's diagnosis with a genetic condition (such as down syndrome). The pro-life law was passed in 2021, but it was blocked shortly afterward under the precedent of Roe v. Wade. After the US Supreme Court overturned Roe, the law went into effect. Pro-abortion groups sued in an attempt to block the law again, but Rayes's decision rejected their arguments.
Rayes noted that no harm has occurred to abortion advocates since the law came into effect, and he cannot rule on theoretical harm unless it conflicts with a constitutional right. “Plaintiffs’ ability to provide (abortion) care without undue state interference is a battle fought and lost in Dobbs,” Rayes wrote.
Abortion in Arizona is currently legal until 15 weeks due to a separate decision by the state Court of Appeals. That decision sought to reconcile Arizona's 15-week abortion ban with an 1864 law that prohibited nearly all abortions. The ban on discriminatory abortions applies regardless of gestational age.
Arizona's current administration has no plans to appeal decisions striking down pro-life laws, and it is similarly unlikely to enforce them.
