AZ Dems Want to End Ban on Aborting Babies with Down Syndrome

Democrats in Arizona are already plotting to revoke several restrictions on killing unborn babies in abortions after winning both the state House and Senate and keeping the governorship in the 2026 midterm elections.

Some state laws in the crosshairs are a ban on abortions due to nonfatal genetic abnormalities, such as down syndrome; an ultrasound requirement at least 24 hours before an abortion; a requirement for doctors to provide patients with abortion alternatives, and a ban on telehealth abortions, Axios reported.

The ACLU of Arizona and the pro-abortion Center for Reproductive Rights sued the state last year seeking to overturn those restrictions under Proposition 139, a constitutional amendment voters approved in 2024 enshrining the “right” to abortion into the state constitution.

A Maricopa County judge struck down the challenged laws. While Democrat Arizona Attorney General Kris Mayes did not intervene to defend the pro-life laws, Republican legislative leaders appealed the ruling, according to the report.

Senate president-elect Priya Sundareshan told the outlet that legislative Democrats are looking to repeal abortion restrictions and “will certainly be ending the litigation.” 

Athena Salman of the abortion advocacy group Reproductive Freedom for All told the outlet abortion activists do not want to risk losing on appeal. She said her group is pushing Democrats to end other pro-life laws that have not been challenged, such as a restriction on advertising abortion and contraception, per the report. 

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

Richie Taylor, a spokesperson for the state attorney general’s office, told the outlet that outside groups or even a county attorney may be able to intervene in the case to defend the abortion restrictions.

The Arizona Court of Appeals is set to hear arguments in the case on December 17 — while Republican House Speaker Steve Montenegro and Senate president Warren Petersen, also Republican, are still in leadership.

Taylor said the attorney general’s Office could ask the court to reschedule the hearing.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.