he Arizona Supreme Court upheld a 160-year-old abortion ban on Tuesday that would prohibit nearly all abortions in the state except when “necessary to save” a pregnant person’s life.
The decision reversed a previous Arizona Court of Appeals ruling that allowed abortion to remain legal in the state up to 15 weeks, in accordance with a 2022 law,“Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans,” said Arizona Attorney General Kris Mayes in aTuesday, before adding that her office would not be prosecuting any physician or woman under the “draconian law.
The near-total abortion ban was written before Arizona was officially a state and before women could vote. The ban, which dates back to 1864, would sentence abortion providers to two to five years in prison for providing an abortion. Additional sanctions could be issued to physicians who perform abortions after 15 weeks.“Arizonans deserve the right to make personal decisions about their reproductive health care, free from government interference.
. “The urgency to enshrine the right to abortion in our state’s constitution has never been more necessary.” The Arizona Supreme Court decision would make it so that “all abortions, except those necessary to save a woman’s life, are illegal,” according to the ruling. There are no exceptions for rape and incest.
“We conclude that does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts , but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed by Dobbs v. Jackson Women’s Health Organization,” the court said in its opinion.
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