An 1864 law that was never officially overturned is set to criminalise all abortions in the state except for when a mother's life is at risk.
Arizona is to ban nearly all abortions after its supreme court ruled a law from the Civil War-era could be enforced. It means an 1864 law criminalising abortions except when a mother's life is at risk - with no exceptions for pregnancies due to rape or incest - will become enforceable. Doctors who perform the procedure could be sentenced to between two to five years in prison.
However, after Roe v Wade was overturned, a Republican attorney general pushed to end the injunction on the 1864 law, sparking a row over which law was enforceable. In Tuesday's 4-2 decision, Arizona's supreme court said the current 15-week ban was 'predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed'. It said there was now 'no provision in federal or state law prohibiting' the 1864 ban.
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