Arizona Democrats Move to Repeal Abortion Restrictions, Including Down Syndrome Ban, After Election Wins

Arizona Democrats who won control of both the state House and Senate while holding onto the governorship in the 2026 midterms are now preparing to roll back several abortion restrictions, including a ban on aborting unborn babies diagnosed with nonfatal genetic conditions such as Down syndrome.

Other laws under review include a requirement for an ultrasound at least 24 hours before an abortion, a mandate that doctors inform patients of abortion alternatives, and a ban on telehealth abortions, according to Axios.

The push follows a lawsuit filed last year by the ACLU of Arizona and the Center for Reproductive Rights, which asked the courts to strike down those restrictions under Proposition 139, the constitutional amendment Arizona voters approved in 2024 guaranteeing a right to abortion.

A Maricopa County judge sided with the groups and struck down the challenged laws. Democratic Arizona Attorney General Kris Mayes did not step in to defend the restrictions, but Republican legislative leaders appealed the ruling.

Incoming Senate President Priya Sundareshan told Axios that Democratic lawmakers plan to repeal the restrictions outright and “will certainly be ending the litigation.”

Athena Salman, a former state lawmaker now with the advocacy group Reproductive Freedom for All, said abortion rights supporters are wary of risking a loss on appeal. She said her organization is also urging Democrats to repeal pro-life laws that haven’t yet been challenged in court, including a restriction on advertising abortion and contraception services.

“It needs to be clear that Prop. 139 set a floor. It set a foundation to then stack rights upon it,” Salman said.

Richie Taylor, a spokesperson for the attorney general’s office, told Axios that outside groups or a county attorney could potentially step in to defend the restrictions in court.

The Arizona Court of Appeals is scheduled to hear arguments in the case on December 17, while Republican House Speaker Steve Montenegro and Senate President Warren Petersen remain in their current leadership roles. Taylor said the attorney general’s office could ask the court to reschedule that hearing.