Arizona can enforce an 1864 law criminalizing nearly all abortions, court says

PHOENIX (AP) — 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.

The ruling suggests doctors can be prosecuted for performing the procedure, but the majority ruling doesn’t explicitly say that. The 1864 law carries a sentence of two to five years in prison for doctors or anyone else who assists in an abortion.

Arizona’s high court ruling reviewed a 2022 decision by the state Court of Appeals that said doctors couldn’t be charged for performing the procedure in the first 15 weeks of pregnancy.

State Sen. Arizona Eva Burch, who dramatically announced on the Senate floor last month that her pregnancy wasn’t viable and she was getting an abortion, criticized GOP lawmakers who expressed support for the ban.

<bsp-list-loadmore data-module="" class=«PageListStandardB» data-gtm-region=«READ MORE» data-gtm-topic=«No Value» data-show-loadmore=«true» data-gtm-modulestyle=«List B»> <bsp-custom-headline custom-headline=«div»> READ MORE </bsp-custom-headline> <bsp-custom-headline custom-headline=«div»> Arizona Democrats pounce on state abortion ruling and say it could help in November election </bsp-custom-headline> <bsp-custom-headline custom-headline=«div»> The trial of an Arizona border rancher charged with killing a migrant has reached the halfway point </bsp-custom-headline> <bsp-custom-headline custom-headline=«div»> Biden