Abortion rights advocates are eyeing the state’s existing statutory scheme next legislative session, with hopes of repealing state laws in conflict with the minted constitutional right to an abortion, but they acknowledge a low likelihood of success given Republican majorities in both chambers. 

A lawsuit is already underway to strike down the state’s 15-week ban, but groups that rallied behind Proposition 139 say provisions hindering or complicating abortion care persist, teeing up legislative battles this session and beyond. 

“I definitely think it’ll be a challenge,” Erika Mach, chief external affairs officer of Planned Parenthood Advocates of Arizona, said. “We’re prepared to make any strides we can when it comes to repealing the 40-plus restrictions we have on the books. Obviously, there’s litigation going on, but at the same time, we want to work with partners, elected officials and the Governor’s Office. Most, if not all, of these restrictions can be repealed sooner rather than later.” 

After Proposition 139 passed, abortion rights advocates portended plans to ensure laws inconsistent with the measure were struck down. Following the state canvass, the ACLU, Planned Parenthood and Center for Reproductive Rights took the first swing and filed a lawsuit challenging the 15-week abortion ban. 

Attorney General Kris Mayes submitted a stipulation in which she agreed the law to be unconstitutional and vowed not to enforce it until 30 days after the resolution of the litigation. A party to defend the 15-week ban has yet to intervene. 

Though the 15-week ban is under active challenge in the courts, the Legislature stands as another arena to push for repeal, but the current make-up of both chambers could serve to stall any immediate legislative efforts.

“I think you’ll see the introduction of bills attempting to bring Arizona law into compliance with the state Constitution and the mandate the voters sent in November,”  Darrell Hill, policy director for the ACLU of Arizona, said. “But whether those efforts have traction, I think, is still up in the air, and I suspect that the conservative majority is unlikely to hear any bill that further reinforces Arizona’s right to abortion.”

Hill said the ACLU of Arizona did not have a set priority list, but said any law that “prohibits access to abortion care in a timely and cost-effective manner” is likely in violation of the state Constitution. 

Mach of Planned Parenthood pointed to some specific statutes, including a law requiring annual reporting on abortions performed in the state. In releasing the 2024 report, Gov. Katie Hobbs deemed it to be “invasive” and called for its repeal. 

Mach also mentioned a law prohibiting providers from prescribing abortion pills via telehealth and another mandating a required 24 hour waiting period.

The overall goal is to dissemble pieces of  state law that “create extensive barriers and unnecessary burdens for patients to be able to access the care they need,” Mach said. She said Planned Parenthood had been working with elected officials, namely Democratic minority leaders Sen. Priya Sundareshan and Rep. Oscar De Los Santos. 

Both Mach and Hill acknowledged the difficulty ahead in getting any abortion repeal or reform past a Republican Legislature, and the possibility anti-abortion groups may lodge their own legislation to try to limit the scope of Prop. 139. 

Cathi Herrod, president of Center for Arizona Policy, previously said the group would “do all we can to limit the anticipated breadth of Proposition 139.” 

As for legislation this session, Herrod said in a text, “We aren’t announcing any plans at this time. Any next steps are still to be determined.”