The Arizona Supreme Court has facilitated the enforcement of a pre-statehood law from 1864, which effectively outlaws nearly all abortions, exempting only those necessary to save a mother’s life.
This ruling, issued on Tuesday, examined the applicability of an antiquated statute dating back to before Arizona’s admission to the Union, which restricted abortions solely to instances where the mother’s life is at risk.
The judicial scrutiny followed a legal challenge to a 2022 verdict by the state Court of Appeals. This earlier judgment had shielded physicians performing abortions within the initial 15 weeks of pregnancy from prosecution.
The enforcement of the 1864 statute had been suspended after the Roe v. Wade decision in 1973 by the US Supreme Court, affirming a woman’s constitutional right to abortion. The law’s injunction was lifted after Roe was overturned in June 2022, a move facilitated by Arizona’s Attorney General.
Democratic Attorney General Kris Mayes criticized the recent Supreme Court decision, labelling it a regressive step amid a national push by conservative states to impose stricter abortion bans post-Roe.
Despite challenges, ongoing legal battles persist across states, with 14 imposing bans at any stage of pregnancy and others imposing restrictions as early as six weeks upon detection of cardiac activity.
President Joe Biden, who opposes Arizona legislation, advocates for protecting reproductive rights. Conversely, his predecessor, former Governor Doug Ducey, expressed reservations, having previously endorsed a 15-week abortion ban.
