In a 4-2 decision on Tuesday, the Arizona Supreme Court upheld a 160-year-old abortion ban. The law states that anyone aiding an abortion can get 2-5 years in prison.
The opinion, which came down on Tuesday, ruled in favor of the pro-life measure. Additionally, the ruling indicated it can only be "prospectively enforced" and enforcement of the law is stayed for the next two weeks.
Arizona Supreme Court Justice John R. Lopez authored the opinion of the court with Justices Clint Blick, James P. Beene, and Kathryn H. King joining in agreement. The court was considering whether or not to lift a stay on the 160-year-old law.
The opinion stated, “We consider whether the Arizona Legislature repealed or otherwise restricted A.R.S. § 13-3603 by enacting the abortion statutes in Title 36, namely A.R.S. § 36-2322, the statute proscribing physicians from performing elective abortions after fifteen weeks’ gestation.”
A.R.S. § 36-2322 allows abortion up to fifteen weeks. This was passed months before Roe v. Wade was overturned. A.R.S. § 13-3603 is the older law that criminalizes aiding an abortion in the state.
“We conclude that § 36-2322 does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts § 13-3603, but rather is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed by Dobbs v. Jackson Women’s Health Organization,” the justice added.
Since the Dobbs decision removed any constitutional law protecting abortion in the 15-week law, the older one criminalizing abortions will take effect.
It comes on the heels of a decision that will ban abortion after 6 weeks in Florida that will start in May.
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