Supreme Court Keeps 1864 Law That Bans Most Abortions

(ProsperNews.net) – The Arizona Supreme Court has upheld an 1864 law that bans almost all abortions. In a ruling issued on April 9, its judges determined that the Grand Canyon State can adhere to the old law, which also imposes prison sentences of up to five years on abortion providers.

The case was Planned Parenthood v Mayes/Hazerigg and centered on whether the 1864 rule overrides Arizona’s 15-week abortion ban, signed into law in 2022. The court declared that the 1864 legislation is paramount and overrides that of 2022. It did not, however, rule on the constitutionality of either.

Justice John Lopez said no “provision in federal or state law” prohibits the application of the 1864 legislation. Therefore, he continued, the old law “is now enforceable.”

Arizona became a US state in 1912, meaning the proscription was enacted before it entered the union. It prohibits abortion from the moment of conception and does not contain exceptions for cases of rape or incest. However, it protects a mother’s health and permits the procedure if it is intended to save her life. It furthermore provides that any person who performs, assists, or aids abortion is subject to a prison term of not less than two years and not more than five.

Since the US Supreme Court overturned Roe v Wade in 2022, the Arizona abortion debate has included discussion on whether the 1864 law can apply post-Roe. The state Supreme Court’s response to that question has prompted fury from pro-choice activists, with hundreds gathering outside the state legislature chanting “Shame.”

Governor Katie Hobbs, GOP Presidential candidate Donald Trump, and the White House have criticized the Supreme Court decision. Arizona Attorney General Kris Mayes said she will not pursue prosecutions under the 1864 legislation. Mr. Trump said the ruling “went too far.” Speaking to reporters in Atlanta, the former President said he has faith that Arizona lawmakers will put the matter right. Trump believes abortion prohibition must include exceptions for rape and incest.