The Arizona Court of Appeals is scheduled to hear arguments over the status of a law that mandates prison time for abortion providers.
The Arizona Court of Appeals is scheduled to hear arguments Wednesday over the legal status of a Civil War-era state law that mandates prison time for abortion providers.Whatever the court's ruling, abetween Planned Parenthood Arizona and outgoing state Attorney General Mark Brnovich means the current abortion law in Arizona will remain in place until next year. That law, signed by Gov. Doug Ducey this year, bans most abortions after 15 weeks of gestation.
But it's unclear if the case itself will survive long past Jan. 2, when newly elected Attorney General Kris Mayes is expected to take office. Mayes, a Democrat, has vowed not to enforce the old law and would have no incentive to keep up a fight in favor of it.The results in her race with Republican Abe Hamadeh are close enough to warrant an automatic recount that will take place after the expected state certification of the election Dec. 5.
Like all states in the mid-19th century, the Arizona territory had a law that created a near-total ban on abortions. Crafted by the state's first territorial Legislature in 1864, it requires two to five years in prison for anyone helping to provide an abortion that's not necessary to save a mother's life. A companion law that mandated a year in prison for a woman who gets an abortion was repealed only last year.
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