Arizona Supreme Court Rules 1864 Abortion Ban is 'Now Enforceable'
Summary from the AllSides News Team
The Arizona Supreme Court upheld a 1864 law banning nearly all abortion procedures in the state.
For Context: The law was passed in 1864, prior to Arizona becoming a state. The Roe v. Wade ruling from the United States Supreme Court in 1973 overruled the law. The overturning of Roe in the summer of 2022 put this law back in the spotlight.
Details: The law will not immediately go into effect. The court paused the ruling to allow for lower courts to hear challenges to the bill. Once this period is over, there is a 45-day delay before the law is enforceable. Previously, Arizona law banned abortions after 15-weeks. This law bans abortion at conception, unless the life of the mother is at risk. It does not include exemptions for rape or incest.
Key Quotes: The New York Times (Lean Left bias) quoted an attorney for a conservative Christian advocacy group stating, “Life is a human right, and today’s decision allows the state to respect that right and fully protect life again — just as the Legislature intended.” President Joe Biden called the ruling “cruel” and the result of “the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.”
How the Media Covered It: The New York Times framed coverage around the age of the bill, noting that it “was on the books long before Arizona achieved statehood.” The Washington Examiner (Lean Right bias) framed coverage around Biden’s criticism of the ruling.
Featured Coverage of this Story
From the Left
Arizona Reinstates 160-Year-Old Abortion BanArizona’s highest court on Tuesday upheld an 1864 law that bans nearly all abortions, a decision that could have far-reaching consequences for women’s health care and election-year politics in a critical battleground state.
The 1864 law, the court said in a 4-to-2 decision, “is now enforceable.” But the court put its ruling on hold for the moment, and sent the matter back to a lower court to hear additional arguments about the law’s constitutionality.
Because of a 14-day stay and another 45-day delay before enforcement, it will very likely be...
From the Center
Supreme Court Justices Reject Hidden 'Bombshell' in Arizona Abortion CaseTwo justices on the Arizona Supreme Court called out the "bombshell" in their colleagues' historic abortion ruling.
In a 4-2 decision, the state's high court upheld an 1864 law on Tuesday, which was codified in 1901, allowing a near-total abortion ban to go into effect in Arizona. Under the 123-year-old law, all procedures are barred except in cases when "it is necessary to save" the life of the mother. The ruling will further restrict abortion in Arizona, where a 15-week ban was already in place.
In her dissenting opinion, joined...
From the Right
Biden blasts Arizona Supreme Court abortion rulingPresident Joe Biden condemned the Arizona Supreme Court ruling on Tuesday that upheld an 1864 law banning most abortions in the state.
The law only makes exceptions for abortions in which the mother faces immediate life-threatening conditions while mandating a prison sentence of between two and five years for a healthcare provider who performs the procedure unlawfully.
“Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest,” Biden said...
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