Arizona Supreme Court Upholds 1864 Ban On Abortion

April 9, 2024 Christianists, Republicans

The Arizona Republic reports:

The Arizona Supreme Court upheld a 160-year-old abortion ban that could shutter abortion clinics in the state. The ruling indicated the ban can only be “prospectively enforced” and enforcement of the law is stayed for 14 days. But it’s already causing political earthquakes.

The pre-statehood law mandates two to five years in prison for anyone aiding an abortion, except if the procedure is necessary to save the life of the mother. Enforcement would mean the end of legal abortions in Arizona. A law from the same era requiring at least a year in prison for a woman seeking an abortion was repealed in 2021.

Update from the Democrats:



This law is so old that it precedes Arizona’s statehood status by nearly five decades. Arizona already had a restrictive abortion ban on the books thanks to the Republican-controlled legislature, which passed a law that includes no exceptions for rape or incest, revokes the licenses of abortion providers who violate its provisions, and imposes unnecessary hurdles for women seeking care. This case illustrates the importance of investing in this ballot level to counter threats to fundamental freedoms posed by Republican-controlled state legislatures and courts. As the DLCC outlined in a memo last month, twenty-five states – all controlled by Republican legislatures – have enacted laws to ban or restrict abortion earlier than the standard previously protected by Roe. Arizona is a top priority for the DLCC this cycle – 2024 is a pivotal opportunity to flip both the state House and Senate given recent statewide success for Democrats. Arizona Republicans have proven themselves too extreme and out of step with the people of Arizona to govern and it is time for a change.

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