It's DEVASTATING: Arizona Supreme Court UPHOLDS 1864 ABORTION BAN | Roland Martin
Roland S. Martin Roland S. Martin
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 Published On Apr 10, 2024

The Arizona Supreme Court ruled a pre-statehood territorial law banning abortions in nearly all cases in the state is enforceable.

The court ruled to lift the stay on the territorial law and the Civil War-era 1864 law will go into effect in 14 days.

It bans all abortions except in cases when "it is necessary to save" a pregnant person's life and carries a possible prison sentence of two to five years for abortion providers.

The court heard arguments in December about whether the 1864 law should be reinstated. Up until today, abortions were legal in Arizona up to 15 weeks of pregnancy under a 2022 law signed by then-Governor Doug Ducey.

An older court decision blocked the 1864 law shortly after the U.S. Supreme Court issued the 1973 Roe v. Wade decision guaranteeing a constitutional right to an abortion. But when Roe v. Wade was overturned in June 2022, then state Attorney General Mark Brnovich, a Republican, persuaded a state judge in Tucson to lift the block on the 1864 law.
In March, a report revealed the number of abortions in the U.S. has gone up significantly since the overturning of Roe v. Wade in 2022. According to the Guttmacher Institute, an organization that aims to improve sexual health and expand reproductive rights worldwide, there were more than one million abortions in 2023, a 10-percent increase from 2020.

Dr. Gabrielle Goodrick, the owner and medical director of Camelback Family Planning, from Phoenix, Arizona, discussed how this ruling will impact reproductive care.

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