Court rules Arizona can enforce an 1864 law criminalizing nearly all abortions

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Court rules Arizona can enforce an 1864 law criminalizing nearly all abortions
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The ruling examined an 1864 law that predates Arizona’s statehood. It provides no exceptions for rape or incest, but allows abortions if a mother’s life is in danger.

Arizona can soon enforce a long-dormant law criminalizing all abortions except when a mother’s life is at stake, the state Supreme Court ruled Tuesday, opening the door to prosecuting doctors who perform the procedures.Under the decision, a long-dormant law that predates Arizona 's statehood would take effect. It provides no exceptions for rape or incest, but allows abortions if a mother’s life is in danger. Enforcement can take effect in 14 days.

In Arizona, an older state Supreme Court decision had 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, state Attorney General Mark Brnovich, a Republican, persuaded a state judge in Tucson to lift the block on enforcing the 1864 law.

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