The Arizona Supreme Court says the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. The ruling examined whether the state is still subject to a law that predates Arizona’s statehood.
PHOENIX — The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake.
The case examined whether the state is still subject to a law that predates Arizona’s statehood. The 1864 law provides no exceptions for rape or incest, but allows abortions if a mother’s life is in danger. The state’s high court ruling reviewed a 2022 decision by the state Court of Appeals that said doctors couldn’t be charged for performing the procedure in the first 15 weeks of pregnancy.
An older court decision blocked enforcing the 1864 law shortly after the U.S. Supreme Court issued the 1973 Roe v. Wade decision guaranteeing a constitutional right to an abortion. After the U.S. Supreme Court. Brnovich’s Democratic successor, Attorney General Kris Mayes, had urged the state’s high court to side with the Court of Appeals and hold the 1864 law in abeyance. Since the U.S.
Currently, 14 states are enforcing bans on abortion at all stages of pregnancy, with limited exceptions. Two states ban the procedure once cardiac activity can be detected, which is about six weeks into pregnancy and often before women realize they’re pregnant.Biden administration announces $6.6 billion to ensure leading-edge microchips are built in the USNearly every ban has been challenged with a lawsuit.
A proposal pending before the Arizona Legislature that would repeal the 1864 law hasn’t received a committee hearing this year. “Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” Mayes said Tuesday.Billeaud is an Associated Press reporter who covers courts and law enforcement in Arizona. He previously covered immigration and the Arizona Legislature.
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