PLANNED PARENTHOOD ARIZONA v. BRNOVICH

No. 2 CA-CV 2022-0116.

524 P.3d 262 (2022)

PLANNED PARENTHOOD ARIZONA, INC., successor-in-interest to Planned Parenthood Center of Tucson, Inc.; Laura Conover, Pima County Attorney, Appellants, v. Mark BRNOVICH, Attorney General of the State of Arizona, Appellee, and Eric Hazelrigg, M.D., as guardian ad litem of unborn child of plaintiff Jane Roe and all other unborn infants similarly situated, Intervenor.

Court of Appeals of Arizona, Division 2.

Filed December 30, 2022.


Attorney(s) appearing for the Case

Coppersmith Brockelman PLC, Phoenix, By D. Andrew Gaona and Planned Parenthood Federation of America, By Sarah Mac Dougall , Pro Hac Vice, New York, New York and Diana O. Salgado , Pro Hac Vice, Washington, D.C., Counsel for Appellant Planned Parenthood Arizona, Inc.

Laura Conover , Pima County Attorney, By Samuel E. Brown , Chief Civil Deputy County Attorney and Jonathan Pinkney , Deputy County Attorney, Tucson, Counsel for Appellant Laura Conover, Pima County Attorney.

Mark Brnovich , Arizona Attorney General, By Michael S. Catlett , Linley Wilson , and Katlyn J. Divis , Assistant Attorneys General, Phoenix, Counsel for Appellee.

Alliance Defending Freedom, Scottsdale, By Mark A. Lippelmann and Kevin H. Theriot , Counsel for Intervenor.

John J. Jakubczyk , Phoenix, Counsel for Amicus Curiae Charlotte Lozier Institute.

Chief Judge Vásquez authored the opinion of the Court, in which Judge Swann concurred and Presiding Judge Eckerstrom specially concurred.


OPINION

¶1 Dating back to its territorial days, Arizona has had a near-total statutory ban on abortion. But for almost five decades, enforcement of the ban was enjoined, and it was declared unconstitutional as to all persons. This changed on June 24, 2022, when...

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