Arizona Supreme Court upholds near-total abortion ban first enacted in 1864

The Arizona Supreme Court has almost completely outlawed abortion in the state after voting 4-2 to uphold an 1864 law that declares abortion a felony.

The law contains one exception allowing abortion to save the life of the pregnant person, as reported by The Hill. There are no exceptions for rape or incest. The law applies to anyone who performs an abortion or helps someone get one and will take effect in 14 days. Violators will be subject to two to five years in prison.

Related:

Pro-IVF & abortion candidate wins special election in Alabama & gives Democrats hope for November

Democrats are calling her victory a “harbinger” for November, saying it shows that there are “consequences” for attacks on IVF and abortion rights.

The decision negates the current 15-week abortion ban passed in 2022 by former Gov. Doug Ducey (R).

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President Joe Biden scorned the court for its decision in a statement. “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 said.

“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, call the decision “unconscionable and an affront to freedom.”

 “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 for Abortion PAC is working hard to get an abortion rights measure placed on the ballot this November that would overturn this law and make abortion a constitutional right.