Arizona Supreme Court Rules State Can Enforce 1864 Law Criminalizing Almost All Abortions

The Arizona Supreme Court ruled in a 4-2 decision that a 150-year-old law criminalizing almost all abortions can go into effect, according to a Tuesday court filing.

The law would override a previous 15-week abortion ban in the state, which went into effect in March 2022.The 19th-century law has been stayed for 14 days, allowing for a lower court to hear additional arguments. But if allowed to go into effect, it would be a near-total ban, making exceptions only in the case that the pregnant person’s life is threatened. Health care providers who perform abortions could face prison time between two to five years.

An October 2022 order from the Maricopa County Superior Court requires a delay of 45 days after a mandate in the case is issued before the 1864 law can go into effect.

Citing that order, Planned Parenthood Arizona said in an emailed statement that it will continue to provide abortions on pregnant patients up to the 15-week mark for an unspecified period of time.

The 1864 law is set to face legal challenges if it goes into effect.

Attorney General Kris Mayes, a Democrat, stated that during her term, “no woman or doctor will be prosecuted under this draconian law in this state.” Mayes said the ruling was “unconscionable” and “an affront to freedom.”

Several reproductive rights groups in a coalition called Arizona for Abortion Access are pushing forward with a ballot initiative that would allow voters to choose whether language guaranteeing abortion access up to 24 weeks of pregnancy should be added to the state’s constitution. Exceptions could be made after the 24-week mark if a provider finds that an abortion would “protect the life or physical or mental health of the pregnant individual.”

The groups, which