Arizona’s Democratic attorney general said Tuesday he will not enforce an 1864 law that was upheld by the state Supreme Court and bans nearly all abortions.
“The decision handed down today by the Arizona Supreme Court is unconscionable and an affront to liberty. Make no mistake, by effectively repealing a law passed this century and replacing it with a law from 160 years ago, the court They put the health and lives of Arizonans at risk,” said Arizona Attorney General Chris Mays (pictured above). Said In a statement. “Arizona Court of Appeals decision invalidated by Supreme Court [on Tuesday], was well-founded and consistent with the way courts harmonize different laws. ”
Mays’ statement continued:
[The] The decision to reimpose laws from a time when Arizona was not a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on the state. This is far from the end of the reproductive freedom debate, and I look forward to hearing Arizonans speak out on this issue. And let me be clear: As long as I’m Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.
The decision handed down today by the Arizona Supreme Court is unconscionable and an affront to liberty. pic.twitter.com/swEqJREVVS
— Arizona Attorney General Chris Mayes (@AZAGMayes) April 9, 2024
The 1864 law bans all abortions except to save the mother’s life and imposes prison sentences of two to five years for those who perform abortions. The judges heard arguments in the case, Arizona Planned Parenthood v. Mays/Haysarigasked in December and asked to answer whether Arizona’s 15-week abortion limit, passed in March 2022, overrides the old law.
The court did not rule on the constitutionality of the 1864 law, but issued a 4-2 decision. decision There was one denial on Tuesday, finding the 1864 law to be “enforceable” beyond the new 15-week limit.
The only people who should make decisions about your body are you, your loved ones, and your doctor.
He has not been a member since 1864.
— Katie Hobbs (@katiehobbs) April 11, 2024
“We will consider whether the Arizona Legislature will be abolished or limited. [the old law] “By enacting a law that prohibits physicians from performing elective abortions after 15 weeks of pregnancy,” Justice John Lopez wrote for the majority opinion. “This case involves legal interpretation and is not based on the justices’ moral or public policy views on abortion. [the old law’s] Constitutionality is not before us. ”
“Because there is no right to abortion enshrined in the federal constitution, [the fifteen-week limit] It does not independently sanction abortion, and there are no federal or state laws prohibiting abortion. [the 1864 law’s] Surgery. Accordingly, [the 1864 law] Now it’s enforceable,” Lopez continued.
The Arizona Supreme Court ultimately upheld the lower court’s decision to vacate the injunction against the near-total ban, but did not require full enforcement of the law to allow the parties to decide how to pursue further action. It was held for 14 days. The state high court also remanded the case to the trial court for possible consideration of remaining constitutional issues.
RELATED: Arizona Supreme Court follows the law as Democrats tighten restrictions on abortion up to birth
Tuesday’s Arizona Supreme Court decision came after President Donald Trump made it clear that states should ultimately decide on abortion issues.playing cards Said He told reporters Wednesday that he believes the 1864 law goes too far.
“It’s all about states’ rights, and that will be corrected,” Trump said. “I’m confident that the governor and everyone else is going to put this issue back on track, and I think it will be resolved soon.”
Some prominent Republicans in Arizona, including Senate candidates, have significantly distanced themselves from the Arizona Supreme Court’s ruling. Lake Kali And a former governor. Doug Ducey. Republicans in other states have so far blocked efforts to repeal the law.
Related: President Donald Trump clarifies his position on abortion, saying countries should decide
The state Supreme Court’s decision comes as pro-abortion activists are working on an amendment that would create a constitutional right to abortion in Arizona.
Access to abortion in Arizona — union Groups including the ACLU of Arizona, Sexual and Reproductive Health Affirming Arizona List, Healthcare Rising Arizona, NARAL Arizona, and Arizona Family Planning Advocates far exceeded the 383,923 letters needed for the proposal. It was announced last week that it had collected more than 500,000 signatures. Amendment to qualify for November ballot. If the abortion bill passes on the November ballot, it would require a simple majority for passage.
Arizona is one of about a dozen states where pro-abortion activists are active. work Codifying the right to kill the unborn child.
Katherine Hamilton is a political reporter for Breitbart News. You can follow her at @thekat_Hamilton.
