Arizona Supreme Court Justices from left: William G. Montgomery, John R Lopez IV, Vice Chief Justice Ann A. Scott Timmer, Chief Justice Robert M. Brutinel, Clint Bolick and James Beene listen to oral arguments in Phoenix in 2021.Arizona’s top court revived a law dating to 1864 on Tuesday that bans abortion in virtually all instances, another setback for reproductive rights in a state where the procedure already was barred starting at 15 weeks of pregnancy.
“We defer, as we are constitutionally obligated to do, to the legislature’s judgment, which is accountable to, and thus reflects, the mutable will of our citizens,” Lopez wrote. “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,” she said., and imposed a penalty of up to five years in prison for anyone who performs an abortion.
The U.S. Supreme Court cleared the way for the new law to take effect when it overturned Roe in June 2022. A number of states since have enacted Republican-backed abortion restrictions.
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