The Arizona Supreme Court will reassess a lower court’s conclusion that abortion doctors can't be prosecuted under a pre-statehood law that bans the procedure in nearly all cases.
PHOENIX — The Arizona Supreme Court has agreed to review a lower court’s conclusion that abortion doctors can't be prosecuted under a pre-statehood law that bans the procedure in nearly all cases.
The 1864 law Hazelrigg wants the court to uphold imposes a near total ban on abortions, providing no exceptions for rape or incest and allowing abortions only if a mother’s life is in danger. A court had blocked enforcement of 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 Supreme Court overturned the landmark decision in June, then-Republican Attorney General Mark Brnovich succeeded in getting a state judge in Tucson to lift the court order blocking its enforcement, before the state Court of Appeals ruled to temporarily halt the ban.
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