Arizona Supreme Court abortion ban – reinstates near-total abortion ban from 1864
The Arizona Supreme Court has upheld a 160-year-old near-total abortion ban, ruling that the state can enforce it. Originating in 1864, predating Arizona’s statehood, this law stipulates penalties of two to five years in prison for abortion, except when the mother’s life is endangered.
This decision potentially threatens the closure of all clinics in Arizona, impacting women’s healthcare and looming over the upcoming election. However, Arizona voters might have the opportunity to overturn this ruling through a November referendum.
The ruling culminates months of legal debates over the enforcement of the pre-statehood law, which had been dormant for years. Many argued its nullification due to decades of subsequent state legislation, including a 2022 law permitting abortions up to 15 weeks of pregnancy.
In August 2023, Arizona’s highest court agreed to review the case after a right-wing law firm, Alliance Defending Freedom, appealed a lower court’s decision favouring the more recent abortion law.
