Arizona Court Rules 160-Year-Old Law Outlawing Abortion is Enforceable

Arizona Supreme Court upholds 1864 abortion ban law, sparking potential clinic closures. Legal battles expected before full enforcement. Democrats push for ballot measure.

Arizona's Supreme Court has recently made a groundbreaking decision to uphold an 1864 law that effectively bans nearly all abortions in the state. This ruling has sparked widespread debate and could have significant implications for women's health care and political dynamics in Arizona, a crucial battleground state.

The court's ruling, which was passed with a 4-to-2 majority, deemed the 1864 law "enforceable." However, the enforcement of the law has been temporarily put on hold, pending further arguments on its constitutionality in a lower court. Due to a series of delays, it may be weeks before the law is actually implemented.

The court justified its decision by citing the overturning of the federal right to abortion in Roe v. Wade, stating that there are currently no federal or state laws preventing Arizona from enforcing the near-total ban on abortions. This move has stirred controversy, with some arguing that the law, despite its age, is legally valid and should be upheld.

The current Arizona Attorney General, a Democrat, has publicly stated that she will not enforce the law. However, the court's decision leaves open the possibility of conservatives suing to force her hand. This situation has created a complex legal and political landscape, with potential ramifications for upcoming elections and abortion policy in the state.

The ruling has also energized advocates for reproductive rights, who are working to put a ballot measure on the upcoming election. This measure, if passed, would expand abortion access in Arizona to about 24 weeks, in contrast to the current 15-week limit. The court's decision has thus intensified the ongoing debate on abortion rights and access in the state.

In response to the ruling, prominent political figures such as Joe Biden and Vice President Harris have expressed strong opposition to the ban, calling it "cruel" and "extreme." Arizona Governor Katie Hobbs has demanded that the Republican legislature repeal the 1864 law, but it remains uncertain if this will happen.

Overall, the Arizona Supreme Court's decision on the 1864 abortion law has sparked a heated debate and raised important questions about reproductive rights, legal precedent, and political implications. The outcome of this ruling could shape the future of abortion policy in Arizona and have lasting effects on the state's political landscape.

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