PHOENIX — The Arizona Supreme Court announced Wednesday it will hear an appeal of a lower court ruling that allowed a state abortion ban after 15 weeks to take effect.
The appeal was brought by Scottsdale-based Alliance Defending Freedom. The self-described Christian law firm argues that Arizona's near-total ban on abortion, dating to territorial days in 1864, should be the law.
Oral arguments are expected sometime after mid-October. A decision would likely be handed down next year, in the midst of a new legislative session and election year.
The appeal stems from Arizona court rulings last year that attempted to clarify state law in the wake of the U.S. Supreme Court ruling in June 2023 that struck down a woman's constitutional right to an abortion.
Under the 1864 law, doctors would face two to five years in prison for performing an abortion. The only exception is to save the mother's life. The 159-year-old law remained in Arizona statutes, though inactive because of an injunction, through the June 2023 Dobbs decision.
In 2022, the state Legislature passed a ban on abortion after 15 weeks of pregnancy. The law doesn't include exceptions for cases of rape or incest.
The question facing state courts in the late summer and fall of 2023 was which law reigned supreme. A Pima County judge ruled the 1864 law prevailed. A state appellate court overturned that ruling, affirming the 2022 ban as state law.
Gov. Katie Hobbs released the following statement Wednesday in response to the Arizona Supreme Court deciding to review the case:
“Enforcing an archaic law that strips Arizonans of their reproductive freedom and threatens to jail women and doctors would be an unconscionable attack on the liberties Arizonans hold dear. As I have said time and time again, the right to make decisions about your own family should not be infringed upon. I will continue fighting to protect access to safe and legal abortion for all Arizonans.”
Alliance Defending Freedom has gained national prominence with successful arguments before the U.S. Supreme Court to block LGBTQ rights.
Arizona's seven-member Supreme Court is comprised of five justices appointed by former Republican Gov. Doug Ducey, a staunch pro-life conservative.
The high court sided with ADF in a 2019 ruling that created an exemption in Phoenix's civil rights ordinance, allowing businesses to refuse to sell custom wedding invitations to LGBTQ customers.
*Editor's Note: The above video is from an earlier broadcast.*