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The Arizona Supreme Court issued a ruling on Tuesday reverting the state again to a 160-year-old, pre-statehood legislation that outlaws abortions in almost all circumstances and criminalizes abortions.
The legislation would additionally make it a felony for anybody who “provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life,” leading to a jail sentence between 2-5 years.
The legislation, which was codified in 1913 after Arizona grew to become a state, contains an exception in circumstances the place the mom’s life is in danger.
Protesters shout as they be part of 1000’s marching across the Arizona Capitol after the Supreme Court choice to overturn the landmark Roe v. Wade abortion choice Friday, June 24, 2022, in Phoenix. (AP Photo/Ross D. Franklin)
The legislation was by no means repealed, and a state courtroom allowed the ban to stay in place final 12 months so long as it was suitable with a 2022 legislation that enables ladies to get an abortion inside the first 15 weeks of being pregnant.
In contending with the 2 distinct legal guidelines, the courtroom concluded in a 4-2 ruling Tuesday that the 2022 legislation “does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts” the 1913 legislation.
The courtroom’s majority wrote that as a substitute, it “is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed” by the overturning of Roe v. Wade.
The 160-year-old legislation is “now enforceable,” the opinion learn, and can go into impact in 14 days. Tuesday’s extremely anticipated ruling comes because the Supreme Court heard arguments within the case 4 months in the past.
North Dakota’s earlier restrictions on abortion have been challenged in courtroom by what was previously state’s solely abortion clinic. Pictured is an abortion clinic in Idaho. (Darin Oswald/Idaho Statesman/Tribune News Service by way of Getty Images)
“The choice made by the Arizona Supreme Court right now is unconscionable and an affront to freedom,” Arizona Attorney General Kris Mayes, a Democrat, stated in a press release. “Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans.”
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“Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” the assertion continued.
This is a breaking story, examine again for updates.
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