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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.
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Arizona Supreme Court Justice Bill Montgomery says he won’t participate in a hearing that will determine whether abortion can remain legal in the state or if a near-total ban should take effect. He previously made multiple public statements about Planned Parenthood.
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The proposed ballot language would guarantee the right to an abortion up until fetal viability, which is typically around 22 to 24 weeks of pregnancy. It would also require abortions to be allowed when medically necessary to protect the life of the patient or their physical or mental health.
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Under the new ruling, doctors can now face criminal charges for abortions performed at any stage of pregnancy due to a genetic abnormality.
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The Arizona Court of Appeals is expected to make a ruling in the coming weeks.
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Arizona’s attorney general has agreed not to enforce a near-total ban on abortions at least until next year.
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Legal abortions that restarted in Arizona this week after a court blocked enforcement of a pre-statehood ban will be able to continue for at least five weeks while an appeals court considers the case.
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Supporters of abortion rights are suing to keep an old Arizona law that criminalizes nearly all abortions from being enforced.
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An Arizona judge has refused to suspend her order that allowed enforcement of a pre-statehood law making it a crime to provide an abortion.
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The state’s major abortion providers have halted procedures and canceled appointments.