BREAKING: Abortion Rights Proponents Sue To Stop "Legislative Mischief" By Calling a Fetus an "Unborn Human Being" In Ballot Summary

UPDATE, 7/11, 11:45am: The initial Order to Show Cause return hearing has been set for 2:30 on Friday (7/12).

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Original article, 7/10, 4:20pm: "BREAKING: Abortion Rights Proponents Sue To Stop "Legislative Mischief" By Calling a Fetus an "Unborn Human Being" In Ballot Summary"

On Monday, the Arizona Legislature's Legislative Council decided to summarize the citizens' abortion rights ballot measure as dealing with an "unborn human being" instead of a "fetus". On Wednesday, the initiative's proponents filed suit to overturn the "legislative mischief".

In addition to filing the Complaint, Arizona for Abortion Access filed for a Preliminary and Permanent Injunction (and for a Writ of Mandamus ordering the Republican-controlled Leg Council to produce "an impartial analysis" for the November ballot.

Republicans in the Legislature had considered placing their own competing measures on the ballot, but never produced the votes to do so. Providing a slanted analysis for the AAA measure seems to be have become their backup plan.

The suit claims that using the term "fetus", as is done in the proposed constitutional language, is the scientifically-accepted way, and points out that the Legislature has used the word "fetus" many times in their statutes regulating abortions.

It also highlights some of the Republicans' comments at Monday's meeting. 

So how did the Council’s members respond? In a word, poorly. Speaker Ben Toma conceded that the term “unborn human being” is “charged,” while also declaring – in a moment of rare and welcome candor – that he is “not a doctor” and didn’t “care what the medically accurate term is.” Senator Sonny Borrelli – in one of the more bizarre moments in recent Arizona Legislature history – asked the Committee’s counsel whether an “unborn horse” is a “fetus or . . . an unborn horse.” And Representative Teresa Martinez – as a preface to a strange assertion that she is, in fact, a legislator – opined that using the term “fetus” is an “insult to an unborn baby.” Never mind the scores of Arizona statutes and public health resources that use the term “fetus,” and never mind the indisputable fact that the phrase “unborn human being” and similar formulations are the fundamental watchwords of the anti-abortion movement.

Andy Gaona is representing the Plaintiffs. The case has initially been assigned to Judge Christopher Whitten. 

Disclosure: This article was reported by AZ Law founder Paul Weich. Paul has been actively supporting the abortion rights initiative.

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