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The Arizona Supreme Court on Tuesday upheld the 1864 Abortion Act, making the procedure illegal in nearly all cases.
The 160-year-old law was previously injunctioned with the U.S. Supreme Court’s Roe v. Wade decision in 1973. But after the U.S. Supreme Court overturned abortion rights in 2022, activists started a petition to have the injunction lifted. .
The law, which could take effect as soon as 60 days later, mandates prison sentences of two to five years for anyone who aids in an abortion, unless it is necessary to save the mother’s life. .
Learn more about the law, passed in 1864 before Arizona became a state, and Tuesday’s ruling.
more:President Donald Trump says abortion policy should be decided by each state, avoiding talk of a national ban
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Read the text of the Abortion Act 1864
This document was part of the first legislative package passed by the territorial legislature in 1864.“A person who provides, supplies or administers, or arranges for a pregnant woman to take, any medicinal product, drug or substance, or any device or other substance intended to cause her to miscarry; A person who uses or employs means, unless: it is necessary to save her life, shall be sentenced to imprisonment in a state prison for not less than two years nor more than five years.”
A related law requiring at least one year in prison for women seeking abortions was repealed in 2021.
See Arizona Supreme Court opinion on abortion decision
In its opinion, the high court argued that Congress never wavered from its 1864 intent to ban abortion.
Four justices voted in favor, two against, and one recused himself from the case.
The full opinion is below:
Contributor: Ray Stern Shelby Slade, Jimmy Jenkins, Mary Jo Pitzle, Stephanie Innes, Sasha Hapkam, Stacy Birchanger.america today Communication network
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