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Arizona Supreme Court Upholds a 160-Year Old Abortion Ban

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A near-total abortion ban could go into effect in Arizona as soon as this month. In a new ruling, the state’s supreme court voted 4-2 in favor of upholding a law from 1864 criminalizing all abortions except in cases where the life of the mother is in danger.

The law is currently under a 14-day stay while a lower court hears additional arguments, per The Huffington Post. Since 2022, Arizona had had a 15-week cut-off for abortions, but this ruling would supersede that, and punish abortion providers with up to five years in prison.

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This 160-year-old law would be one of the most restrictive in the country, though many states have, in the past couple years, passed their own severe laws around abortion. A year ago, Wyoming outlawed the abortion pill, and a Texas woman recently had to travel out of state to have the procedure, as unclear and ill-defined exceptions in the state’s laws made it too difficult for healthcare providers to be sure that they would not be penalized.

In response to the ruling, President Joe Biden released a statement calling the ban “dangerous” and “cruel,” noting that it makes no exception for rape or incest. He also points out that the law was written before Arizona was a state, and before women had the right to vote.

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