What to know about Arizona’s 1864 abortion law
The Arizona Supreme Court Tuesday upheld an 1864 law that makes performing an abortion a felony.
What does it mean?
The 4-2 decision rejected arguments for a 15-week abortion ban and makes the medical procedure almost entirely illegal in the state.
The Civil War-era law passed decades before Arizona became a state in 1912. The court lifted the stay on the law, meaning it goes into effect in 14 days.
It will make performing or helping a pregnant person obtain an abortion a felony punishable by two to five years in prison. There are no exceptions for cases of rape or incest, but there are exceptions for "when it is necessary" to save the pregnant person's life.
Voters can remove the restrictions via a ballot measure in November. The law would effectively close abortion clinics in the state, but it’s not known how it will be enforced yet.
Opposition from all levels, sides
Lawmakers on both sides of the aisle have publicly opposed the state Supreme Court’s decision.
President Biden slammed the decision as part of the "extreme" Republican agenda. Biden's campaign criticized former President Trump on social media for his role in appointing three of the five justices on the U.S. Supreme Court who voted to overturn Roe v. Wade.
The state’s 15-week abortion ban, signed in 2022 by then-Gov. Doug Ducey (R) will be revoked. Ducey said the ruling is “not the outcome I would have preferred” and said the 15-week ban was a “thoughtful conservative approach” to the “very sensitive issue.”
Attorney General Kris Mayes (D) said the decision is “far from the end of the debate” on reproductive freedom in the state. She said “no woman or doctor will be prosecuted under this Draconian law” while she serves as attorney general.
Both Kari Lake and Rep. Ruben Gallego (D-Ariz.), the top contenders in the state’s Senate race, issued statements opposing the decision. Other lawmakers, including Rep. Greg Stanton (D-Ariz.) and David Schweikert (R-Ariz.) have opposed the law.
Gov. Katie Hobbs (D) called it a “dark day in Arizona” and urged lawmakers to “do the right thing right now” and repeal the 1864 law “immediately.”
Hobbs has issued an executive order barring county attorneys from prosecuting women and doctors for performing abortions that she said “still stands.” She said she “won’t rest” and “won’t stop fighting until we have secured the right to abortion.
The legislative text
ARS 13-3603 refers to a section of the state’s law that bans abortion in nearly all cases. The text reads:
“A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two year nor more than five years.”
The state's Supreme Court noted in the Tuesday decision that the text was first published in a code of governing laws by the First Legislative Assembly in Arizona. It was later wholly adopted after Arizona became a state.
Date: | |
Tag: | Abortion |
Topics
Filter
-
Arizona House Votes to Repeal 1864 Abortion Ban
The almost-complete ban on abortions in the state could go into effect as soon as June 8 if the State Legislature does not repeal it, the state’s attorney general said.The New York Times - Top stories - Abortion -
Arizona House votes to repeal 1864 abortion law, measure now heads to the state Senate
Earlier this month, the Arizona Supreme Court ruled that the highly-restrictive 160-year-old law that bans nearly all abortions can be enforced.CBS News - Politics - Abortion -
Arizona House votes to repeal 1864 abortion ban
It was the third attempt to take up repealing the near-total ban, which was recently resurrected by a state court.BBC News - Top stories - Abortion -
Arizona state House passes bill to repeal 1864 abortion ban after several failed attempts
Arizona lawmakers will again attempt to repeal a near-total ban on abortion from 1864 that was upheld by the state Supreme Court earlier this month.NBC News - Top stories - Abortion -
Arizona House votes to repeal controversial 1864 abortion ban
The Arizona House voted on Wednesday to repeal the state's controversial 1864 abortion banABC News - Top stories - Abortion -
Arizona House advances effort to repeal 1864 near-total abortion ban
Arizona's House of Representatives on Wednesday advanced an effort to repeal the state's Civil War-era abortion ban that's set to go into effect June 8. CBS News campaign reporter Shawna Mizelle has the latest from Phoenix.CBS News - Top stories - Abortion -
Arizona state House passes bill to repeal 1864 abortion ban after several failed attempts
Arizona lawmakers will again attempt to repeal a near-total ban on abortion from 1864 that was upheld by the state Supreme Court earlier this month.NBC News - Politics - Abortion -
Effort to repeal Arizona abortion law heads to state Senate
Arizona lawmakers moved forward Wednesday in their efforts to repeal a Civil War-era law that bans all abortions except to save the woman's life. CBS News campaign reporter Shawna Mizelle has the details.CBS News - Top stories - Abortion -
Giuliani, Meadows indicted in Arizona: What to know
An Arizona grand jury has indicted 18 people, including several allies of former President Trump such as Rudy Giuliani and Mark Meadows, over an alleged attempt to alter the results of the 2020 presidential election. CBS News' Shawna Mizelle reports.CBS News - Top stories -
What's EMTALA, the patient protection law at the center of Supreme Court abortion arguments?
The Supreme Court will hear arguments Wednesday in a case that could determine whether doctors can provide abortions to pregnant women with medical emergencies in states that enact abortion bansABC News - Health - Abortion
More from The Hill
-
Speaker Johnson slams reports that ICC is considering arrest warrants for Israeli leaders
Speaker Mike Johnson (R-La.) on Monday slammed reports that the International Criminal Court (ICC) is planning on issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other senior Israeli officials. In a statement, Johnson ...The Hill - Politics - Israel -
Bob Bakish steps down as head of Paramount
Bob Bakish is stepping down as head of media conglomerate Paramount, the company announced on Monday. Bakish's resignation comes as the massive legacy media brand is negotiating a potential sale with Skydance after months of fielding offers from ...The Hill - Politics -
Pelosi accuses MSNBC host of being 'apologist for Donald Trump'
Former House Speaker Nancy Pelosi (D-Calif.) accused MSNBC's Katy Tur of being an "apologist" for former President Trump on Monday. During an appearance on the network, Pelosi touted President Biden's record on the economy, saying, he "created 9 ...The Hill - Politics - Donald Trump -
Trump-RFK Jr. feud heats up as polls tighten
A fiery battle between former President Trump and Robert F. Kennedy Jr. is heating up as polls begin to show that the third-party candidate represents just as much of a threat to the former president as President Biden. “RFK Jr. is a Democrat ...The Hill - Politics - Donald Trump -
AT&T, Verizon, T-Mobile hit with $200M FCC fine for sharing user location data without consent
The Federal Communications Commission (FCC) issued a fine totaling $200 million to the nation’s four largest mobile carriers after concluding an investigation that found the companies illegally shared access to customers’ location data, the agency ...The Hill - Politics