Arizona Legislative Updates: Abortion Rights and Execution Methods Under Review

Abortion: Even though voters chose to constitutionally enshrine the fundamental right to abortion (up to the point of fetal liability) in last November’s election, there are still loose ends to be tied up. Still on the books are laws in which the state may have a “compelling interest”, including the 24-hour waiting period, the question of whether the sole reason for the abortion is genetic abnormalities of the child, whether a parent’s consent is required for a minor, if an ultrasound is required before an abortion is performed, and if the patient is required to listen to the sounds of the fetal heartbeat before an abortion is performed.

Currently, the Arizona House is kicking around a proposal that could be referred to the voters in 2026. It would require a doctor’s examination verifying the pregnancy, a determination of the patient’s blood type, notice that the patient may see the remains of the fetus, and a follow-up visit to the physician to confirm the pregnancy was terminated. These requirements would sideline the so-called “abortion pill by mail” option (mifepristone & misoprostol combination).

Execution of Condemned Prisoners: The Arizona House is considering (HRC2024) the firing squad as a means for execution. This could replace the current method, lethal injection. The argument for execution by firing squad is that it might be more humane, virtually guaranteeing instant death, which is not always achieved by a lethal injection. Five states currently have the firing squad option: Idaho, Mississippi, Oklahoma, South Carolina and Utah.