Arizona can enforce 1864 law criminalizing nearly all abortions, state Supreme Court says

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The 19th century law provides no exceptions for rape or incest, but allows abortions if a mother’s life is in danger.

FILE – Thousands of protesters march around the Arizona Capitol after the Supreme Court decision to overturn the landmark Roe v. Wade abortion decision Friday, June 24, 2022, in Phoenix. Gov. Katie Hobbs on Friday, June 23, 2023 signed a sweeping executive order to protect anyone involved with a legally obtained abortion from prosecution.

An older court decision blocked enforcing the 1864 law shortly after the U.S. Supreme Court issued the 1973 Roe v. Wade decision guaranteeing a constitutional right to an abortion. After the U.S. Supreme Court overturned Roe v. Wade in June 2022, then state Attorney General Mark Brnovich, a Republican, persuaded a state judge in Tucson to lift the block on enforcing the 1864 law.

Nearly every ban has been challenged with a lawsuit. Courts have blocked enforcing some restrictions, including bans throughout pregnancy in Utah and Wyoming. The justices said the state can start enforcing the law in 14 days. Former Arizona Gov. Doug Ducey, who signed the state’s current law restricting abortion after 15 weeks, posted on X saying Tuesday’s ruling was not the outcome he would have wanted.Trump suggests he’d support a national ban on abortions around 15 weeks of pregnancy

Source: Law Daily Report (lawdailyreport.net)

 

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