2024 Arizona Proposition 139

[3] It read: [E]very person who shall administer, or cause to be administered or taken, any medicinal substances, or shall use or cause to be used any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years, and nor more than five years: Provided, that no physician shall be affected by the last clause of this section, who, in the discharge of his professional duties, deems it necessary to produce the miscarriage of any woman in order to save her life.

A trigger law, drafted to go into effect if Roe were overturned, was passed by the Arizona Legislature in 2022, banning abortion after the 15th week of pregnancy.

Later that year, the Supreme Court of the United States ruled in Dobbs v. Jackson Women's Health Organization that Roe had been "wrongly decided".

The next month, a state appeals court ruling found that the 2022 law should take precedence, allowing abortions up to 15 weeks to be performed in Arizona.

Every individual has a fundamental right to abortion, and the state shall not enact, adopt, or enforce any law, regulation, policy, or practice that does any of the following: 1.

Denies, restricts, or interferes with an abortion after fetal viability that, in the good faith judgement of a treating health-care professional, is necessary to protect the life or physical or mental health of the pregnant individual.

"Fetal viability" means the point in pregnancy when, in the good-faith judgement of a treating health-care professional, and based on the particular facts of the case, there is a significant likelihood of the fetus's sustained survival outside the uterus, without the application of extraordinary medical measures.