Arizona Supreme Court upholds Civil War-era abortion ban

A near-total abortion ban, part of a 158-year-old law, is enforceable in Arizona, the state’s Supreme Court has ruled.

In a 4-2 bombshell decision, the state’s supreme court on Tuesday upheld a Civil War-era law that criminalises abortions, and those who help a woman obtain one, only with exceptions to save a woman’s life. The law makes it a felony punishable by two to five years in prison.

The state’s supreme court had been mulling over whether to resurrect the law, which was enacted 50 years before Arizona gained statehood or follow a 2022 law that bans abortions only after 15 weeks unless medically necessary to save a woman’s life.

The ban will go into effect in 14 days.

Anti-abortion advocates argued that language in the two laws conflicted and the state should follow the 1864 law.

It was a highly anticipated opinion in the swing state as abortion shapes up to be a crucial issue for voters in November. Both Democrats and Republicans have capitalised on the issue of abortion to advocate for their party’s candidates.

President Joe Biden has stood up for abortion rights, blaming Republicans – including former president Donald Trump – for eliminating federal protections.

In a statement, he called Tuesday’s ruling the result of “the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.” He added that he would continue to fight for protecting reproductive rights.

Meanwhile, Mr Trump has walked the line on abortion. Just this week he took credit for overturning Roe v Wade but refused to back a national ban, claiming the issue should be left to the states.

Arizona voters could be voting on an amendment in November that would enshrine the right to abortion up to 24 weeks.

Abortion