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Arizona must enforce 1864 abortion ban that contains no exceptions for rape or incest, state Supreme Court rules
Updated April 9, 2024, 3:42 p.m. ET
A 160-year-old Arizona law criminalizing abortions except in cases where the mother’s life is in danger can go into effect, the Grand Canyon State’s highest court ruled Tuesday, teeing up a likely ballot initiative in a closely-watched election battleground.
The centuries-old law, which allows the prosecution of doctors who perform the procedure illegally — with a prescribed penalty of two to five years in prison — and has no carveouts for rape or incest, can be traced back to 1864, 48 years before Arizona was admitted to the Union as a state.
The Arizona Supreme Court determined in a 4-2 decision that the long-dormant law “is now enforceable” following the Supreme Court overturning Roe v. Wade in June 2022.
The law will be stayed for 14 days until it goes into effect.
