This week, the abortion issue will be heard by the state supreme courts in Arizona, New Mexico, and Wyoming. Here's what we know:
Due to the overturning of federal abortion rights, the highest court of Arizona enabled the state's attorney general to enforce a century-old abortion ban, which predates the official state foundation by over a decade. This 1864 law prohibits abortions under all circumstances, except when necessary to save the mother's life. Penalties for offering abortions range from two to five years in prison.
As a Republican governor, Doug Ducey, who signed the 15-week abortion ban in March 2022, clarified that the new law wouldn't undermine the century-old ban. The state supreme court was requested on Tuesday to clarify the ongoing uncertainty and legal disputes about whether this pre-statehood ban should apply.
The case is significant beyond Arizona's strict abortion regulations, reflecting the broader national debate following the Roe v. Wade decision overturn. This week, the Supreme Court of other states, including Wyoming and New Mexico, is addressing similar abortion-related cases.
On Tuesday, the Arizona Supreme Court heard arguments from abortion rights opponents who demanded that the state reintroduce the 1901 ban, while supporters urged the court to uphold the 2022 law allowing abortions up to 15 weeks. The Arizona Supreme Court is now set to decide which state laws apply.
"The law must be clear"
The Planned Parenthood of Arizona v. Meyers case was brought before the Pima County Court by the Alliance Defending Freedom, represented by Dr. Meyers, an anti-abortion physician, Arizona Senate President Warren Petersen, and House Speaker Ben Toma.
Since over a century, Arizona has protected fetal life from conception, according to Jake Warner, an Alliance Defending Freedom attorney, arguing that the court should vacate the temporary measure and ultimately overturn the law. Warner pointed to an 1800s law that prohibits the enforcement of the Roe v. Wade decision.
In late 2023, the Arizona Court of Appeals ruled that the two state abortion laws must be harmonious or "consonant," and that abortions within the first 15 weeks were legal if performed by a licensed physician in compliance with other state laws and regulations.
However, the six Arizona Supreme Court justices, all appointed by Republican governors, sometimes struggled with how to handle laws affecting physicians and others providing post-15-week abortion services while considering specific exceptions, such as the mother's life and health.
"In Arizona, the law must be clear", said Samuel Brown from the Pima County prosecutor's office, addressing the judges. "As we mentioned earlier, if we try to fit something into a law that's not compatible with another law".
"Doctors and people in Arizona must know what is illegal and what is legal", added Brown. Brown's office was mentioned in the case, advocating for the citizens' right to make their own reproductive health decisions.
Andy Gauner, representing Planned Parenthood of Arizona in the case, argued that the case was about safe abortion. "Abortion is healthcare", emphasized Gauner, repeating that the court's decision could significantly impact pregnant women's access to healthcare in Arizona.
In his counterargument, Warner argued that existing safeguards within the pre-statehood law are adequate and noted that "the mother protection clause is applied, and the growing interest of states in protecting unborn children on the verge of life is respected".
The Arizona Supreme Court delayed the case with the statement that they would issue a ruling at an undetermined time.
Meanwhile, two additional state court cases related to abortion access are worth monitoring this week:
Wyoming
In March, a judge temporarily blocked an abortion ban, with a few exceptions just a few days after it went into effect. Wyoming was the first state to explicitly ban abortion medication. However, the same judge briefly blocked the ban just before it was to take effect in June.
The judge will decide on Thursday whether the case should proceed or be settled out of court, aiming to clarify whether abortion and drug prohibition laws violate Wyoming's constitution.
During Tuesday's hearing, the five members of Wyoming's Supreme Court – all appointed by the Republican governor – discussed whether the state attorney general and Wyoming Right to Life, two state legislators who intervened in the case, could present “expert evidence” questioning both abortion procedures and their potential damages.
Interveners hope to present evidence countering the legal arguments that claim that the abortion law is vague, that abortion on demand is a constitutional right in Wyoming, that abortion should be considered healthcare, and that the law infringes on religious freedom and equal protection.
New Mexico
This week, the New Mexico Supreme Court will deliberate if local communities can ban abortions while the state protects them. Abortion is legal in New Mexico.
Democratic Attorney General Raul Torrez challenged these local and state-level bans in January, arguing they violate the constitutional protection of New Mexico’s abortion rights. In March, Governor Michelle Lujan Grisham signed a bill prohibiting local governments from restricting access to reproductive health care services, including abortion.
This law aligns with decisions of several New Mexico communities to provide abortion access following the overturning of Roe v. Wade.
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