Arizona can enforce an 1864 law criminalizing nearly all abortions, court says

The Arizona Supreme Court says the state can enforce its 1864 long-dormant law criminalizing all abortions except when a mother's life is at stake.The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother's life is at stake.

The case examined whether the state is still subject to a law that predates Arizona's statehood. The 1864 law provides no exceptions for rape or incest but allows abortions if a mother's life is in danger. 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.

Since the U.S. Supreme Court's 2022 decision ending a nationwide right to abortion, most Republican-controlled states have started enforcing new bans or restrictions, and most Democrat-dominated ones have sought to protect abortion access.

Source: Law Daily Report (lawdailyreport.net)

Arizona 1864 Abortion Law Legislation On Pregnancy Termination Abortion Laws In The United States Trump Abortion Stance

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