The Arizona Supreme Court upheld a 160-year-old abortion ban on Tuesday that would prohibit nearly all abortions in the state except when “necessary to save” a pregnant person’s life.
The decision reversed a previous Arizona Court of Appeals ruling that allowed abortion to remain legal in the state up to 15 weeks, in accordance with a 2022 law, according to Planned Parenthood.
“Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans,” said Arizona Attorney General Kris Mayes in a press statement Tuesday, before adding that her office would not be prosecuting any physician or woman under the “draconian law.”
The near-total abortion ban was written before Arizona was officially a state and before women could vote. The ban, which dates back to 1864, would sentence abortion providers to two to five years in prison for providing an abortion. Additional sanctions could be issued to physicians who perform abortions after 15 weeks.
The ban won’t go into effect just yet—as the court stayed its enforcement for 14 days.
“Arizonans deserve the right to make personal decisions about their reproductive health care, free from government interference. We are devastated by today’s ruling but we remain committed to defending reproductive freedom in the courts, at the legislature, as well as in communities across the state towards the passage of the Arizona for Abortion Access Act this November,” said Jared Keenan, legal director of the ACLU of Arizona, in a press release. “The urgency to enshrine the right to abortion in our state’s constitution has never been more necessary.”
What the Arizona Supreme Court decision says
The Arizona Supreme Court decision would make it so that “all abortions, except those necessary to save a woman’s life, are illegal,” according to the ruling. There are no exceptions for rape and incest.
