From our private database of 34,000+ case briefs...
Isaacson v. Horne
United States Court of Appeal for the Ninth Circuit
716 F.3d 1213 (2013)
In 2012 the Arizona House enacted a bill that prohibited abortions prior to 20 weeks of gestation, except in case of a medical emergency. Arizona already had a law prohibiting abortions after viability of the fetus except to save the life or health of the pregnant woman. Section 7 of this new law extended the prohibition on abortion back earlier in a pregnancy to the period between 20 weeks and viability. Under Supreme Court precedent after Roe v. Wade, a woman had a constitutional right to end a pregnancy prior to fetal viability. States could regulate the manner of pre-viability abortions but not proscribe them or place an undue burden on a woman’s decision using regulation. Arizona’s purpose for enacting this law was based on the established risks that abortions after 20 weeks pose to women’s health and the evidence that at 20 weeks of gestation, unborn children feel pain during the abortion procedure. Paul Isaacson (plaintiff) and two other obstetricians-gynecologists practicing in Arizona filed suit on their own behalf and on behalf of their patients to prevent § 7 from being enforced. Isaacson sued Arizona Attorney General Tom Horne (defendant), along with two other state defendants and two county-level defendants. The parties were in agreement that fetuses are not viable at 20 weeks of gestation, and a district court declared that viability typically manifests between 23 and 24 weeks.
Rule of Law
Holding and Reasoning (Berzon, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.