In a historic decision Tuesday, the Arizona Supreme Court ruled the state must adhere to a 123-year-old penal code provision barring all abortions except in cases when “it is necessary to save” a pregnant person’s life.
The law, which can be traced to as early as 1864, also carried a prison sentence of two to five years for abortion providers. There is a 14-day stay on the law. The case is the latest high-profile example of the battle over abortion access that has played out across several states since Roe v. Wade was overturned by the US Supreme Court in 2022. Since that decision, nearly two dozen states have banned or limited access to the procedure.
When he signed the law in March 2022, then-Gov. Doug Ducey stated the 2022 law would not override the older law. In late 2022, the Arizona Court of Appeals ruled both abortion laws in the state must be reconciled, or “harmonized,” and that abortion is legal through 15 weeks when provided by licensed physicians in compliance with the state’s other laws and regulations, CNN previously reported.
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