Gill et al. v. State of Arizona

Location: Arizona
Status: Ongoing
Last Update: February 5, 2026

What's at Stake

A group of Arizona advanced practice nurses filed a lawsuit challenging the state’s ban on the provision of abortion by trained advanced practice clinicians (APCs) such as nurse practitioners and certified nurse midwives. The lawsuit, brought on behalf of the nurses by the ÀÏÊìÅ®ÎçÒ¹¸£Àû (ACLU), the ACLU of Arizona, and the law firm Papetti Samuels Weiss McKirgan LLP, argues that the APC ban violates Arizonans' constitutional right to abortion access, established by voters in 2024, by arbitrarily restricting their choice of provider and, more broadly, making abortion less available in the state.

Summary

Arizona’s APC ban overrode the state Board of Nursing’s decision that, with appropriate training, advanced practice nurses were qualified to provide abortion care. Before this ban, Arizona APCs specializing in reproductive health care safely performed abortions and cared for abortion patients in the state as part of their regular scope of practice. APCs trained in reproductive health care also routinely provide care that is significantly more complex than medication and procedural abortion, including for patients in labor and who are experiencing miscarriages or postpartum complications. The APC ban has prevented these extremely skilled health care providers from giving their patients critical and time-sensitive abortion care, including in medically urgent situations.

The APC ban bears no relationship to patient safety, clinical standards, or medical evidence. APCs are already allowed to provide abortion in roughly half the states, and clinical studies and experience show that they do so just as safely as their physician peers. APCs are crucial in ensuring timely access for patients who, in addition to state restrictions, face other barriers to care such as transportation limitations, inflexible work schedules, childcare needs, and controlling partners. Leading medical authorities, including the and the American College of Nurse Midwives, have called on states to repeal these bans so that these highly qualified health care professionals can serve patients seeking abortion.

Arizona’s APC ban has severely limited the pool of available abortion providers in the state. Arizona already has a shortage of physicians, particularly in rural and tribal areas, and many Arizonans see APCs as their primary or reproductive health care provider. When these patients face an unwanted pregnancy or a pregnancy complication, many of them must travel long distances to seek abortion care from a new provider. Because of how few abortion providers there are in the state, some of these patients face delays. They may be forced to have a procedure because they miss the narrow window to end their pregnancy with medications. Some are even forced to carry to term. Being prevented, or even delayed, from accessing abortion raises risks to a patient’s physical and mental health.

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