on Tuesday, ruling that the state must abide by a 123-year-old law which bars all abortions except to save the life of the mother.
While the court did not rule on the constitutionality of the 1864 law, the court issued a 4-2 decision with one recusal finding that the 1864 law is “enforceable” over the newer 15-week limit. “Absent the federal constitutional abortion right, and because does not independently authorize abortion, there is no provision in federal or state law prohibiting operation. Accordingly, is now enforceable,” Lopez continued.
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