The Arizona Supreme Court upheld a Civil War-era abortion ban, making nearly all abortions illegal, except to save the mother’s life. This 4-2 ruling nullifies the 2022 law that allowed abortions up to 15 weeks. The court stated, “To date, our legislature has never affirmatively created a right to, or independently authorized, elective abortion.”
The 1864 law, banning nearly all abortions, including in cases of rape or incest, remained on the books even after Roe vs. Wade was overturned. Despite opposition from abortion-rights advocates, Republicans attempted to revive this law.
Arizona Governor Katie Hobbs urged the Republican legislature to repeal the 1864 law. Regardless of legislative action, the abortion issue could appear on the November ballot. Arizona for Abortion Access has gathered 500,000 signatures, enough to propose a constitutional amendment on abortion.
The presidential race also highlights the abortion debate. Former President Donald Trump believes abortion decisions should be state matters, while President Joe Biden, an abortion rights supporter, criticized the court’s decision, attributing it to “the extreme agenda of Republican elected officials.”
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