Thu Aug 24, 2023 – 3:39 pm EDT
(LifeSiteNews) – The Arizona Supreme Court is slated to review the enforceability of a near-total abortion ban that predates Arizona’s statehood.
The Associated Press reported that current state law limits abortion to the first 15 weeks of pregnancy, but the state also has on the books an 1864 law that prohibits abortion in all cases except to save a mother’s life. Arizona became a full American state in 1912; the law has been blocked from enforcement ever since the U.S. Supreme Court handed down Roe v. Wade in 1973, declaring a “right” to legal abortion.
When the Court overturned Roe last year, allowing states to directly ban abortion for the first time in half a century, it reviewed questions about the validity of the 1864 law, which Planned Parenthood has called “archaic.” Last year, Pima County Superior Court Judge Kellie Johnson ruled that the law could be enforced, as the sole basis for the old injunction was gone.
The Arizona Court of Appeals later ruled that abortionists could not be charged under the old law because it has been superseded by more recent laws allowing abortion in the
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