Will Arizona enforce a Civil War-era law banning nearly all abortions in the state?
CNN
Arizona officials are scrambling to address a near total abortion ban revived by the state’s Supreme Court this week, before the Civil War-era law almost completely halts access to Arizona’s already limited abortion services.
Arizona officials are scrambling to address a near total abortion ban revived by the state’s Supreme Court this week, before the Civil War-era law almost completely halts access to Arizona’s already limited abortion services. The court ruled Tuesday the state must adhere to a law made before statehood, when Arizona was a territory, that bans all abortions except those “necessary to save” a pregnant person’s life. The law, which is enforceable because Roe v. Wade was overturned, is broader than the state’s 2022 ban on abortions after 15 weeks of pregnancy and carries a prison sentence of two to five years for abortion providers. Vice President Kamala Harris travels Friday to Arizona as mounting political pressure this election year has brought abortion to the forefront as a likely ballot issue, analysts say. Arizona Republicans two days earlier thwarted a vote to repeal the 1864 ban as the scene on the state House floor erupted into chaos and Democrats chanted “shame.” The state Supreme Court delayed enforcement of the law for 14 days to give the plaintiffs an opportunity to pursue other challenges in a lower court if they wish to – including challenges to the ban’s constitutionality. It’s unlikely there will be much movement on enforcing the law as legal challenges are likely to get tied up in the lower courts for some time, legal experts say. While Arizona Attorney General Kris Mayes and several county attorneys say they will not prosecute abortion cases under the new ban, analysts say it’s unlikely providers will take on the liability of performing illegal medical services, leading to a possible chilling effect on abortions statewide.