Arizona Supreme Court Rules 1864 Abortion Law Enforceable

Abortion rights activist protests during a pro-choice rally near the Tucson Federal Courthouse in Tucson, Arizona, on July 4, 2022.The Arizona Supreme Court ruled on Tuesday that an 1864 territorial law on abortion, which bans the procedure in almost all circumstances, is enforceable, due to no state law permitting the procedure following the overturn of federal abortion protections two years ago.Roe v. Wade, and was not a proactive statute enshrining abortion rights.

“In light of this Opinion, physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal,” the court added.According to the law, which was first passed during the Civil War and nearly 50 years before Arizona was even a state,, with no exceptions for rape or incest. Abortion is only permitted in cases where a pregnant person’s life is at risk — but in practice, such exceptions are rarely allowed.

President Joe Biden, who is seeking to make abortion rights a focal point of his reelection campaign, “It’s beyond comprehension that the Arizona Supreme Court would allow a total abortion ban that predates Arizona’s statehood to be the law of the land,” Hall added.

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