Arizona Abortion Laws Appear to Confound State’s Court (Correct)

Arizona’s top court justices appeared uncertain Tuesday about whether two statutes—one of which dates back to 1864—can be harmonized to comprehensively regulate abortion in the state.

At issue is a possible conflict between the territorial law, which was recodified in 1977—even though it was on hold following the US Supreme Court’s 1973 decision Roe v. Wade—and a provision enacted in early 2022.

The territorial law criminalized abortions at all stages except when performed to save the pregnant person’s life. The 2022 law appears to prohibit most abortions after 15 weeks’ gestation. It was enacted in anticipation of the top ...