Arizona can enforce an 1864 law criminalizing nearly all abortions, court says

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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 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.

Supreme Court issued the 1973 Roe v. Wade decision guaranteeing a constitutional right to an abortion. After the U.S. Supreme Court overturned Roe v. Wade in June 2022, then state Atty. Gen. Mark Brnovich, a Republican, persuaded a state judge in Tucson to lift the block on enforcing the 1864 law. Brnovich’s Democratic successor, Atty. Gen. Kris Mayes, had urged the state’s high court to side with the Court of Appeals and hold the 1864 law in abeyance.

 

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