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Arizona Supreme Court Upholds 160-Year-Old Abortion Law

Arizona's Supreme Court revives a law dating to 1864 that bans abortion in virtual all instances

In a significant ruling, the Arizona Supreme Court has mandated the enforcement of a 160-year-old law that restricts abortions in the state, allowing them only in cases where the pregnant person's life is at risk. This law, originating in 1864 and officially established in 1901, imposes severe penalties on abortion providers, positioning Arizona as one of the states with the strictest abortion regulations in the nation.

The court has granted a 14-day grace period before the law takes effect to enable plaintiffs to pursue further legal avenues challenging its constitutionality. Arizona Attorney General Kris Mayes has affirmed that no woman or doctor will be prosecuted under this law.

This ruling, arising from a case resurrected following the overturning of Roe v. Wade by the US Supreme Court, outlaws abortions except in situations where a woman's life is in jeopardy, with criminal consequences applicable for abortions conducted after 15 weeks of pregnancy.

While the decision has generated controversy and disapproval from various quarters, including Arizona Governor Katie Hobbs and President Joe Biden, it mirrors the ongoing conflict surrounding abortion accessibility in light of evolving federal statutes.

Providers and advocates have voiced apprehensions about the ruling's implications on patients' well-being and healthcare access, stressing the necessity for legal safeguards and backing for reproductive healthcare.

Initiatives are in progress to tackle the matter through ballot measures, with organizations like Arizona for Abortion Access striving to secure voter backing for embedding abortion rights in the state's constitution in the upcoming November 2024 election.

The ruling underscores the intricate and contentious landscape of abortion laws and rights, underscoring the persistent struggle to harmonize legal frameworks with individual healthcare requirements and constitutional protections.

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