The Arizona Supreme Court has upheld an 1864 law that makes abortion almost entirely illegal in the state. The decision was made with a 4-2 vote in favor of declaring abortion a felony.
There is only one exception in the law, which permits abortion to save the life of the pregnant individual. as reported by The Hill. The law does not include exceptions for instances of rape or incest. It applies to anyone involved in performing an abortion or aiding someone in obtaining one, and will be enforced in 14 days. Violators will face two to five years in prison.
This ruling overturns the existing 15-week abortion ban that was implemented in 2022 by former Gov. Doug Ducey (R).
President Joe Biden criticized the court for its decision in a statement, stating, “Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest.”
He continued, “This cruel ban was first enacted in 1864—more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote. This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.”
The state’s Democratic attorney general, Kris Mayes, described the decision as “unconscionable and an affront to freedom.”
“Without a doubt, by effectively nullifying a law passed in this century and replacing it with one from 160 years ago, the Court has endangered the health and lives of Arizonans.”
The Arizona for Abortion PAC is working diligently to have a measure protecting abortion rights included on the ballot this November, in an effort to overturn this law and establish abortion as a constitutional right.
