An Arizona Territory law from more than 160 years ago that forbade almost all abortions and set up punishments is still legal and "is now enforceable," the State of Arizona's Supreme Court said Tuesday. The 4-2 ruling put a hold on execution for 14 days so that a lower court could look at cases against the law's constitutionality.
However, AZCentral says, the decision says "physicians are now on notice that all abortions, except those necessary to save a woman's life, are illegal ... and that additional criminal and regulatory sanctions may apply to abortions performed after fifteen weeks' gestation."
The law says that anyone who helps with an abortion will go to jail for two to five years. Because of the ruling, all abortion centers in the state might have to close. NBC News reports that it basically overturns a lower court's decision that a 2022 ban that lasts for 15 weeks is more important than the 1864 law. The lawyer for the Alliance Defending Freedom, Jack Warner, said, "Today's decision lets the state respect that right and fully protect life again—just as the legislature intended."
People who support abortion rights were against the decision. President Biden said it was mean. According to the New York Times, Arizona Attorney General Kris Mayes said that enforcing a rule that was made while "the Civil War was raging and women could not even vote" would be remembered as a stain on the state.
As for abortion bans, Mayes has said she will not follow them, and last year, Gov. Katie Hobbs (also a Democrat) signed an order giving the attorney general full power to implement abortion laws. Any county attorney in the state could appeal their choices, though.
However, AZCentral says, the decision says "physicians are now on notice that all abortions, except those necessary to save a woman's life, are illegal ... and that additional criminal and regulatory sanctions may apply to abortions performed after fifteen weeks' gestation."
The law says that anyone who helps with an abortion will go to jail for two to five years. Because of the ruling, all abortion centers in the state might have to close. NBC News reports that it basically overturns a lower court's decision that a 2022 ban that lasts for 15 weeks is more important than the 1864 law. The lawyer for the Alliance Defending Freedom, Jack Warner, said, "Today's decision lets the state respect that right and fully protect life again—just as the legislature intended."
People who support abortion rights were against the decision. President Biden said it was mean. According to the New York Times, Arizona Attorney General Kris Mayes said that enforcing a rule that was made while "the Civil War was raging and women could not even vote" would be remembered as a stain on the state.
As for abortion bans, Mayes has said she will not follow them, and last year, Gov. Katie Hobbs (also a Democrat) signed an order giving the attorney general full power to implement abortion laws. Any county attorney in the state could appeal their choices, though.
