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Arizona, New Mexico Supreme Courts Hear Pivotal Abortion Cases This Week

HeadlineDec 13, 2023

The Arizona Supreme Court heard arguments Tuesday over whether a Civil War-era, near-total abortion ban should be reinstated, overriding the current 15-week abortion ban. This is Democratic Attorney General Kris Mayes.

Attorney General Kris Mayes: “This specific case is about the need to harmonize Arizona statutes to ensure that women aren’t saddled with an 1864 law that was passed before Arizona was a state, before women had the right to vote and while the Civil War was still raging.”

After Roe v. Wade was overturned last year, some Arizona counties reverted to the 1864 law, which remained on the books but was not enforced since Roe passed in 1973. The so-called zombie ban does not make exceptions for rape or incest and also bars anyone from assisting a pregnant person in getting abortion care.

Meanwhile, the Supreme Court of New Mexico is hearing arguments today over whether local governments can impose their own abortion bans even as the procedure remains legal in the state.

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