Arizona’s Top Court Will Review State’s Criminal Abortion Law

Aug. 24, 2023, 3:06 PM UTC

The Arizona Supreme Court will determine if doctors who perform abortions can be prosecuted under a criminal law that dates back to the 1800s.

The state’s top court said Wednesday that it will hear oral arguments on whether an 1864 statute takes precedence over current regulations that allow abortions up to 15 weeks. The court didn’t set a date for the hearing, but ordered the opening briefs to be filed by Sept. 20.

The statutes don’t conflict, the Arizona Court of Appeals, Second Division, said in a Dec. 30, 2022, opinion. The old law, when read by itself, criminalizes most ...

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