Arizona Supreme Court upholds law making abortion illegal in nearly all circumstances

"In light of this Opinion, physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal," the court wrote.

By Madeleine Hubbard

Published: April 9, 2024 1:16pm

Updated: April 9, 2024 1:31pm

The Arizona Supreme Court on Tuesday issued a decision upholding a 160-year-old law that bans abortion in nearly all circumstances.

"In light of this Opinion, physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal ... and that additional criminal and regulatory sanctions may apply to abortions performed after fifteen weeks’ gestation," the court wrote in its opinion.

The law, which was enacted as early as 1864, gives abortion providers a two- to five-year prison sentence, and it does not include exceptions for rape or incest. Arizona became a state in 1912.

The law may only be "enforced prospectively," and enforcement will begin in 14 days to allow the legal process to play out.

Arizona Democratic Attorney General Kris Mayes criticized the opinion as "unconscionable and an affront to freedom" in a statement on X, formerly Twitter.

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