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Arizona Supreme Court Upholds Near-Total Abortion Ban

A person walks past the Arizona Supreme Court building, April 10, 2024, in Phoenix. The near-total abortion ban resurrected last week by the Arizona Supreme Court dates to 1864, a time when gol

Arizona's abortion laws have recently come under scrutiny as the state's Supreme Court upheld a near-total ban on abortion, drawing attention to a provision dating back to 1864. The law, originally part of the 'Howell Code' created by New York judge William Thompson Howell, criminalizes the administering of substances to induce miscarriage. This decision has sparked debate and political ramifications in one of the nation's key battleground states.

The historical context of Arizona's 1864 legal code sheds light on the societal norms and challenges faced by early settlers in the region. The code not only addressed dueling and mayhem but also set an age of consent at 10 years old, reflecting a different era's perspectives on justice and morality.

Legal experts and advocates have raised concerns about the enforcement of century-old abortion restrictions, particularly in states like Arizona where such laws remained intact post-Roe v. Wade. The resurgence of these 'zombie laws' has led to a patchwork of abortion policies across the country, impacting women's access to reproductive healthcare.

Law criminalizes inducing miscarriage, part of Howell Code by Judge Howell.
Arizona Supreme Court upholds near-total abortion ban, dating back to 1864.
1864 legal code reflects societal norms and challenges of early settlers.

While some states have taken steps to repeal or challenge outdated abortion laws, others have seen these laws influence current policies. The recent ruling in Arizona underscores the enduring legacy of laws passed in a different time, prompting calls for reform and protection of reproductive rights.

As the debate over abortion rights continues to evolve, legal scholars and activists emphasize the need to address antiquated laws that can resurface and shape contemporary legal battles. The intersection of history, politics, and reproductive rights highlights the ongoing struggle for autonomy and equality in the realm of healthcare.

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