The Arizona Supreme Court will hear oral arguments Tuesday in a case that could result in a near-total ban on abortion in the state.
The justices will weigh two seemingly contradictory laws — one from 2022 that makes the procedure legal up until 15 weeks of pregnancy and an 1864 law that bans abortions in almost all cases.
Only six justices will hear the case instead of the usual seven. Justice William Montgomery recused himself last week. Planned Parenthood Arizona called for his recusal based on previous statements where he compared abortion to genocide.
In the case of a tie, the Court of Appeal's decision will stand. That court attempted to harmonize the conflicting laws, saying the 1800s near-total ban should continue to apply to non-physicians, while doctors should follow the newer law.
Abortion advocates are pursuing a 2024 ballot measure that would expand access beyond either of the laws being considered.
The hearing is scheduled to start at 9:30 a.m. Tuesday and will be live-streamed.
The court will likely not announce a decision for weeks or even months.