The Arizona Supreme Court heard arguments in a case Tuesday that could result in a near-total ban on abortion in the state.
The six justices must now determine which law governs Arizona — an 1864 ban or one from 2022 that makes the procedure legal up until 15 weeks of pregnancy.
Abortion would no longer be legal in most cases if the territorial-era ban took precedence. Arizona would then have one of the strictest abortion laws in the country.
Or, the justices could opt to uphold a previous decision from the Court of Appeals that attempted to harmonize the conflicting laws. In that case, the 1864 near-total ban would continue to apply to non-physicians. Doctors would follow the newer law.
That’s the option abortion advocates like Planned Parenthood Arizona want.
The group’s attorney, Andrew Gaona, spoke during the hearing.
"Abortion is healthcare," Gaona said. "And what that means is that this court’s decision will have a profound impact on the ability of pregnant Arizonans to access that healthcare from PPAZ and other providers."
The court will likely not issue a decision for weeks or even months.
However, neither option might last long. A proposed 2024 ballot measure could overturn the court’s decision and let voters decide if the right to an abortion should be enshrined in the state’s constitution.
