Abortion will be almost entirely illegal in Arizona after the state Supreme Court on Tuesday upheld an 1864 law that made performing abortion a felony.
In a 4-2 decision, the court rejected arguments that it should uphold the current 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.
The law makes abortion a felony punishable by two to five years in prison for anyone who performs or helps a woman obtain one. It includes an extremely narrow exception for “when it is necessary” to save a pregnant person’s life.
“The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom,” Attorney General Kris Mayes (D) 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.”
