PHOENIX — The Arizona Supreme Court ruled Tuesday that a 160-year-old near-total abortion ban still on the books in the state is enforceable, a bombshell decision that adds the state to the growing lists of places where abortion care is effectively banned. The ruling allows an 1864 law in Arizona to stand that made abortion a felony punishable by two to five years in prison for anyone who performs one or helps a woman obtain one.
Litigation resumed after that decision as lawmakers on both sides of the issue sought clarity on whether to enforce the 1864 near-total ban or the 2022 15-week ban. A state appellate court initially ruled that both the 1864 and 2022 laws could eventually be “harmonized,” but also said that the 15-week ban superseded the near-total abortion ban and put on hold large parts of the older law. The decision also sent shockwaves through the reproductive rights community in Arizona and nationally.
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