FILE - Phoenix Mayor Kate Gallego speaks to reporters at the state Capitol in Phoenix on April 9, 2024. The law's revival is just the latest instance of long-dormant restrictions influencing current abortion policies after the overturning of Roe v. Wade. – As Union and Confederate armies clashed in a bloody fourth year of the Civil War, President Abraham Lincoln tasked one man to create the legal code for Arizona, almost 50 years before the territory became a state.
“This is just one more example of a century-old zombie law coming back to life,” said Jessica Arons, senior policy counsel at the American Civil Liberties Union. “This is what the U.S. Supreme Court set the stage for when Roe fell.” Howell's code includes exceptions for homicides, such as when “a man is at work with an axe, and the head flies off and kills a bystander or where a parent is moderately correcting his child ... and happens to occasion death.
Several legal experts said Arizona’s law is likely the oldest state abortion ban that will now be enforced. But century-old abortion restrictions passed by all-male legislatures during time periods when women couldn’t vote and scientific knowledge of pregnancy and abortion were limited have influenced post-Roe abortion policies in Alabama, Arkansas, Michigan, Mississippi, Oklahoma, Texas, West Virginia and Wisconsin.
“New Mexico and Michigan realized the threat of these zombie laws and took action,” said Arons of the ACLU. “In Michigan, it was a major driver for pursuing a constitutional amendment enshrining abortion rights.”. In other states, such as Mississippi, Oklahoma and Texas, newer abortion laws have been layered onto older restrictions still on the books.that could have national impacts.
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