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Report Says Mexico’s Supreme Court Pulls January Review of Aguascalientes Abortion Limits

Ministers have stressed the case is about a six-week cap imposed by Aguascalientes rather than a new bid to decriminalize abortion nationwide.

Overview

  • La Jornada reports the Supreme Court removed from its docket a project by Minister Irving Espinosa that sought to invalidate Aguascalientes’ reduction of the legal window for abortion from 12 to six weeks, with no new date announced.
  • Other outlets had noted the case was listed for January 6, 2026, and that Espinosa’s draft considers the cut to six weeks a regressive measure that undermines access to lawful abortion.
  • Ministers clarified that abortion was effectively decriminalized in 2023 and said the upcoming review concerns the constitutionality of narrowing the permitted timeframe, not permitting abortion throughout pregnancy.
  • The challenge stems from actions of unconstitutionality 172/2024 and 173/2024 filed by the Federal Executive and the National Human Rights Commission against Aguascalientes’ penal code changes and a related state law.
  • The Catholic Church criticized the project in an editorial alleging it would eliminate the abortion offense entirely, while Minister Loretta Ortiz pointed to scientific reasoning behind the 12-week benchmark, including cortical development.