Arizona supreme court upholds 1864 law banning almost all abortions
“Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the civil war was raging, and women couldn’t even vote will go down in history as a stain on our state,” Mayes said in a statement.
Read more at The Guardian
Arizona Supreme Court rules a near-total abortion ban from 1864 is enforceable
In a 4-2 ruling, the court’s majority concluded that the 15-week ban “does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts” the Civil War-era ban “but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed” by the 2022 Dobbs decision that overturned Roe v. Wade.
Read more at NBC News
Arizona Supreme Court Revives Total Abortion Ban
The case could have ended there, but Dr. Eric Hazelrigg, an anti-abortion OB-GYN from Gilbert, Arizona, who petitioned the court to be appointed as a “guardian ad litem” for the state’s “unborn” children, intervened to appeal the lower court decision. Alliance Defending Freedom, the conservative christian litigation shop known for its willingness to take on culture war cases, represented Hazelrigg.
The decision was four to two; all six of the Supreme Court’s justices — four men and two women — were appointed by Republican governors.
Read more at Rolling Stone
Arizona upholds an 1864 ban on abortion — making it illegal in the state
“How ironic that we would be here now with the state of Arizona’s Supreme Court suggesting that we go back to a near-total ban from 1864, territorial days when women and people of color didn’t even have the right to participate in their government,” she said.
Read more at 19th News
Arizona Supreme Court Greenlights Near-Total Abortion Ban, Making November Ballot Fight Existential
Habig said that the majority’s layering of the 15-week ban’s punishments atop the 1864 ones “defies the logic of standard statutory interpretation that you learn in law school.”
“They combined both of them into an even more draconian law,” she added.
Read more at Talking Points Memo
Full Panic Mode Kari Lake
She first denounced the 1864 law, which she said she supported as recently as last fall. She said she opposed today’s ruling. She then demanded Gov. Katie Hobbs and the Republican state legislature “come up with an immediate common sense solution that Arizonans can support.” She then said that the decision will be up to voters in the ballot initiative that will be on the November ballot, that is, the initiative she actually opposes.
Read more at Talking Points Memo
Arizona Supreme Court upholds 1864 law banning nearly all abortions
“Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest,” Biden said.
“This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.”
Read more at The Hill