On September 30, the U.S. District Court in Tucson upheld in substantial part Arizona’s comprehensive abortion clinic regulations known as “Lou Anne’s Law,” rejecting the vast majority of the constitutional challenges brought by three Arizona abortion providers.

“This is a tremendous victory for the women of Arizona,” said Denise Burke, staff counsel with Americans United for Life (AUL). Burke, along with Nikolas T. Nikas, AUL’s general counsel, has been appointed a Special Assistant Maricopa County Attorney to defend “Lou Anne’s Law.”

“Women in Arizona and elsewhere have been the victims of the abortion industry's refusal to police itself. In opposing these common-sense regulations, the abortion industry reveals an ugly agenda—pocketing profits instead of investing in women's safety. How many more women need to die or be permanently injured from unsafe abortions? Until now, a veterinary clinic had more safety regulations.”

“Lou Anne’s Law” was passed in direct response to the tragic 1998 death in a Phoenix abortion clinic of Lou Anne Herron. She bled to death after her uterus was punctured by an abortion provider, who later left the clinic while she was bleeding heavily in the recovery room and in need of immediate emergency care. The abortion provider, John Biskind, was later convicted of manslaughter and is currently serving a five-year prison sentence.

“If Arizona’s clinic regulations had been in place in 1998, Lou Anne Herron would not have died,” said Burke. “Regulations such as these are necessary to ensure that minimal health and safety standards are met.”

Arizona’s comprehensive abortion clinic regulations cover such matters as staff qualifications, procedures to provide emergency care, sanitation, infection control, quality assurance, and maintenance of patient records. State Department of Health Services officials are authorized to inspect facilities for compliance, and violations of the regulatory requirements could result in criminal and civil liability.

Following oral arguments on April 8, 2002, District Court Judge Raner C. Collins determined that Arizona’s abortion clinic regulations did not “unduly burden” a woman’s right to choose abortion, did not violate constitutional equal protection guarantees, and did not unlawfully delegate state authority to third parties. Judge Collins also determined that, save for one provision, the law was not unconstitutionally vague.

While upholding the vast majority of the regulations, Judge Collins found that provisions providing state officials with unannounced access to abortion clinics during business hours and allowing state officials to review unredacted patient records and ultrasound prints were unconstitutional. The Maricopa County Attorney’s Office, in conjunction with the Arizona Attorney General’s Office, is considering an appeal of these specific rulings.

The case is Tucson Women’s Clinic v. Eden, District Court for the District of Arizona, No. 00-141-TUC RCC.

Americans United for Life, the legal arm of the pro-life movement, is a nonprofit, public-interest law firm and educational organization. The oldest national pro-life organization in America, AUL has been committed to defending human life through vigorous judicial, legislative, and educational efforts since 1971.

News Archives

How helpful was this site? Take the Pro Life Views Visitor Satisfaction Poll.