The Arizona Supreme Court heard oral arguments on Tuesday in a case involving challenges to Arizona’s 1864 law that mostly banned abortion. The Arizona Legislature passed a law in 2022 banning abortions after 15 weeks, anticipating the U.S. Supreme Court reversing Roe v. Wade in Dobbs v. Jackson. The reversal also revived the older law, which was initially passed when Arizona was still a territory. In October 2022, the Arizona Court of Appeals found that the two laws were in conflict, and placed an injunction on the older law from going into effect as to physicians, effectively allowing abortions to take place up to 15 weeks under the new law.
Since Attorney General Kris Mayes declined to pursue the case after the appeals court ruling, Dr. Eric Hazelrigg, an obstetrician and medical director of Choices Pregnancy Center in Arizona, filed a petition in March asking the state’s high court to review the ruling and the injunction, which it agreed to do. Former Attorney General Mark Brnovich had initially asked a court to reinstate the original pro-life law, which was blocked in 1973 due to Roe, but the trial court’s revival of the law was quickly reversed by the appeals court.
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