The Arizona Supreme Court has upheld an 1864 law that made performing an abortion a felony — almost entirely banning the procedure in the state.
Under the law, which goes into effect in 14 days, anyone found guilty of performing or helping a woman obtain an abortion could face two to five years in prison.
There is a narrow exception for "when it is necessary" to save a woman's life. There are no exceptions for cases of rape or incest.
According to a report from The Hill:In a 4-2 decision, the court rejected arguments that it should uphold the 15-week abortion ban passed by then-Gov. Doug Ducey (R) in 2022 and enforced after the end of Roe v. Wade.
Instead, the court ruled that the Civil War-era law passed before Arizona was even a state should be enforced. The court ruled to lift the stay on the law, meaning it goes into effect in 14 days.
Arizona Attorney General Kris Mayes, a Democrat, called the ruling "an affront to freedom."
“The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom,” Mayes said in a statement. “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.”
Democrat Governor Katie Hobbs called it a "dark day in Arizona."
"It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country. But my message to Arizona women is this: I won't rest, and I won't stop fighting until we have secured the right to abortion," Hobbs wrote in a post on X, the platform formerly known as Twitter. "That is my promise to you." It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country.
But my message to Arizona women is this: I won't rest, and I won't stop fighting until we have secured the right to abortion.
That is my promise to you.
— Governor Katie Hobbs (@GovernorHobbs) April 9, 2024
The White House has also condemned the court's ruling.
“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,” President Joe Biden said in a statement. “This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.”
The law will be on the ballot in November when voters will be presented with a measure to remove the restrictions.
