Arizona judge bans abortion statewide by reinstating 1864 law

Pro-choice rally in Tucson
(Image credit: Sandy Huffaker/AFP via Getty Images)

An Arizona judge on Friday lifted a 50-year-old injunction on a 19th century abortion ban, all but outlawing the procedure in the state. Pima County Superior Court Judge Kellie Johnson ruled that Arizona's 1864 abortion law, codified in 1901 then enjoined after the Supreme Court's 1973 Roe v. Wade decision, supersedes a 15-week ban enacted by the state Legislature that was set to take effect Saturday. Arizona Attorney General Mark Brnovich (R) had asked the courts to clarify which law was valid, pushing for upholding the older, more comprehensive ban.

The 19th century ban now in effect has an exception when the pregnant woman's life is at stake but not for rape, incest, or health risks. "No archaic law should dictate our reproductive freedom and how we live our lives today," said Brittany Fonteno, president of Planned Parenthood Arizona. "This is not the end of the fight."

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us