The state Supreme Court is being asked to reverse a lower court’s decision and enforce the pre-statehood law that made nearly all abortions illegal.
Attorneys for the Alliance Defending Freedom argue the state Court of Appeals incorrectly concluded the territorial law does not apply to doctors performing the procedure in accordance with a newer law.
Last year, former Gov. Doug Ducey signed a bill banning the procedure after 15 weeks in most cases.
Though the language says it does not repeal the pre-statehood law, Ducey said he believed the new legislation took precedence when he signed it.
Current Attorney General Kris Mayes supports that position. The Supreme Court has not decided if it will hear the challenge.
