Dem
51
GOP
49
The U.S. Supreme Court is not the only court dealing with abortions. The Arizona Supreme Court is also hearing a case about the 158-year-old total abortion ban that is still on the books in this battleground state.
Oral arguments were held on Tuesday. The courtroom was packed. The justices aggressively grilled the lawyers on both sides throughout the hour-long hearing. The original Civil-War-era law bans all abortions except those needed to save the life of the mother. It was re-passed in 1913, after Arizona became a state. A 2022 law allows abortions up to 15 weeks and makes exceptions for medical emergencies, but not for rape or incest. The two laws are in conflict and the state Supreme Court will need to resolve this.
In addition, a pro-choice group is trying to get a constitutional amendment on the ballot in 2024. The amendment would guarantee a right to an abortion and nullify these and other laws. This ballot effort is one of at least nine around the country. Democrats are enthusiastic about the effort because they expect an amendment about abortion will bring out many marginal voters, who will also vote in the presidential and highly contested Senate elections.
The Arizona Court has seven members, all Republican appointees. One of them, Bill Montgomery, has recused himself because his previous comment that Planned Parenthood was practicing generational genocide did not go over well. The chief could have appointed a replacement under Arizona law, but chose not to. If the Court is split 3-3, a lower-court ruling in favor of the 2022 law will hold. In general, more recent laws override older ones. (V)