Arizona Supreme Court Upholds 1864 Abortion Law Banning Nearly All Abortions

Abortion rights protesters chant during a Pro Choice rally at the Tucson Federal Courthouse in Tucson, Arizona on Monday, July 4, 2022. (Photo by SANDY HUFFAKER / AFP) (Photo by SANDY HUFFAKER/AFP via Getty Images)
Abortion rights protesters chant during a Pro Choice rally at the Tucson Federal Courthouse in Tucson, Arizona on Monday, July 4, 2022. (Photo by SANDY HUFFAKER / AFP) (Photo by SANDY HUFFAKER/AFP via Getty Images)

OAN’s Chloe Hauxwell
12:10 PM – Tuesday, April 9, 2024

The Arizona Supreme Court has voted to uphold a ban on almost all abortions in the state.

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On Tuesday, the court ruled that in all cases, except where the life of the mother is at risk, abortions are illegal.

The crux of the arguments was a law from 1846. The 160-year-old near abortion ban pre-dates Arizona’s statehood.

The 1864 law, which was codified again in 1901 and in 1913, makes performing or inducing an abortion a felony.

The ruling will not be enforceable for 14-days.

The state’s attorney general released a statement after the ruling. Kris Mayes (D-Ariz.) stated that while she’s attorney general no doctor or woman would be prosecuted.

“The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom,” Mayes said in her statement. “Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.”

“Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” she continued. “This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”

This opinion comes as a ballot measure set to be voted on this November. It could allow abortions up to 24-weeks of pregnancy.

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