Arizona’s top court OKs 1864 abort law

A 160-year-old Arizona law criminalizing abortions except when the mother’s life is in danger can go into effect, the state’s highest court ruled Tuesday, teeing up a likely ballot initiative in the election battleground state.

The law, which allows the prosecution of doctors who perform the procedure illegally — with a prescribed penalty of two to five years in prison — and has no exceptions for rape or incest, can be traced back to 1864, when Arizona was still a territory.

The court ruled 4-2 that the law “is now enforceable” in the wake of the US Supreme Court’s 2022 reversal of Roe v. Wade.

The law will be stayed for 14 days until it goes into effect.

State Attorney General Kris Mayes issued a statement vowing “no woman or doctor will be prosecuted under this draconian law in this state.” However, local prosecutors can bring charges under the law.

Activists have until July 3 to produce the 383,923 signatures needed to put forward a ballot measure that would amend the state constitution to enshrine a right to an abortion if approved, according to the Arizona Secretary of State’s office. Arizona for Abortion Access claims to have locked down over 500,000 signatures.

Since Roe v. Wade was overturned, Republicans have been on the defensive over the issue, with pro-life forces suffering losses across the country.

“It is a dark day in Arizona,” Democratic Gov. Katie Hobbs declared shortly after the decision. “We are just fourteen days away from one of the most extreme abortion bans in the country.”