Arizona Abortion Ban: What We Know
Arizona’s highest court reinstated an 1864 law that bans nearly all abortions, a decision that could have far-reaching consequences for women’s health care and election-year politics in a critical battleground state.
Here’s what to know about the ruling, the law and its possible impact.
What is the 1864 law?
The law, which was on the books long before Arizona achieved statehood in 1912, outlaws abortion from the moment of conception, except when necessary to save the life of the mother, and it makes no exceptions for rape or incest. It bans all types of abortions, including medication abortions.
Until now, abortion had been legal in Arizona through 15 weeks of pregnancy. Since the overturning of Roe v. Wade nearly two years ago, supporters and opponents of abortion rights in Arizona had been fighting in court over whether the 1864 law, which had sat dormant for decades, could be enforced, or whether it had been effectively neutered by decades of other state laws that regulate and restrict abortion.
Doctors prosecuted under the law could face fines and prison terms of two to five years for providing, supplying or administering care to a pregnant woman.
What does the ruling say?
On April 9, the Arizona Supreme Court ruled in a 4-to-2 decision that the pre-statehood law was “now enforceable.”
The court said that because the federal right to abortion had been overturned by the U.S. Supreme Court in 2022, there was no federal or state law preventing Arizona from enforcing the near-total ban. It noted that the State Legislature had not created a right to abortion when it passed the 15-week ban in 2022.