On Dec. 13, 2023, the Republican-appointed justices of the Arizona Supreme Court heard arguments in Planned Parenthood Arizona v. Mayes/Hazelrigg over whether an 1864 law banning abortion should take precedence over the state’s 2022 15-week gestational ban. A decision could come any day now.
Even in this bleak post-Roe environment, it is hard to comprehend how a law dating back to Arizona’s territorial days when it was believed that “[t]he paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother” is deciding women’s reproductive rights. And a victory before the Arizona Supreme Court simply avoids having Arizona move into the group of states where abortion is completely banned—a distinction it would share with 14 other states.