AP (NEW)

Arizona can enforce an 1864 law criminalizing nearly all abortions, court says

Apr 9, 2024, 10:18 AM | Updated: 10:56 am

PHOENIX (AP) — The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake.

The case examined whether the state is still subject to a law that predates Arizona’s statehood. The 1864 law provides no exceptions for rape or incest, but allows abortions if a mother’s life is in danger. The state’s high court ruling reviewed a 2022 decision by the state Court of Appeals that said doctors couldn’t be charged for performing the procedure in the first 15 weeks of pregnancy.

An older court decision blocked enforcing the 1864 law shortly after the U.S. Supreme Court issued the 1973 Roe v. Wade decision guaranteeing a constitutional right to an abortion. After the U.S. Supreme Court overturned Roe v. Wade in June 2022, then state Attorney General Mark Brnovich, a Republican, persuaded a state judge in Tucson to lift the block on enforcing the 1864 law. Brnovich’s Democratic successor, Attorney General Kris Mayes, had urged the state’s high court to side with the Court of Appeals and hold the 1864 law in abeyance. Since the U.S. Supreme Court’s 2022 decision ending a nationwide right to abortion, most Republican-controlled states have started enforcing new bans or restrictions and most Democrat-dominated ones have sought to protect abortion access.

Currently, 14 states are enforcing bans on abortion at all stages of pregnancy, with limited exceptions. Two states ban the procedure once cardiac activity can be detected, which is about six weeks into pregnancy and often before women realize they’re pregnant.

Nearly every ban has been challenged with a lawsuit. Courts have blocked enforcing some restrictions, including bans throughout pregnancy in Utah and Wyoming.

A proposal pending before the Arizona Legislature that would repeal the 1864 law hasn’t received a committee hearing this year. “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,” Mayes said Tuesday.

The justices said the state can start enforcing the law in 14 days.

AP (New)

Associated Press

Closing arguments set in trial of University of Arizona grad student accused of killing a professor

TUCSON, Ariz. (AP) — Closing arguments are scheduled for Monday in the trial of a former University of Arizona graduate student accused of killing a professor on campus two years ago. Murad Dervish, 48, faces seven felony charges including first degree murder in the death of Thomas Meixner, 52, who was shot nine times near […]

15 hours ago

Associated Press

Arizona man sentenced to natural life in prison for the 2017 death of his wife, who was buried alive

PRESCOTT, Ariz. (AP) — An Arizona man has been sentenced to life in prison without the possibility of parole for the 2017 death of his wife, who was buried alive in a hand-dug grave near their home, authorities said. Seven years after the murder, David Pagniano decided to plead guilty before his trial was scheduled […]

18 hours ago

Associated Press

Man suspected of shooting 6-month-old son in hostage standoff near Phoenix apparently killed himself

SURPRISE, Ariz. (AP) — A man suspected of shooting his 6-month-old son multiple times after taking the boy and his mother hostage was found dead of an apparent self-inflicted gunshot wound in the rubble of a suburban Phoenix home that caught fire during a SWAT standoff, police said Saturday. The boy was reported in critical […]

1 day ago

Associated Press

Man shoots his 6-month-old baby multiple times at home near Phoenix, but child expected to survive

SURPRISE, Ariz. (AP) — A man shot his 6-month-old baby multiple times Friday at a home northwest of Phoenix after taking the infant and its mother captive, but the mother escaped with minor injuries and the child was expected to survive, authorities said. They said the status of the suspect remained unknown after a fire […]

2 days ago

Associated Press

Arizona State University scholar on leave after confrontation with woman at pro-Israel rally

TEMPE, Ariz. (AP) — Arizona State University officials say a postdoctoral research scholar remains on leave as the school investigates his videotaped confrontation with a hijab-wearing woman at a pro-Israel rally last weekend. Sunday’s event was held near the university’s Tempe campus and attended by Jonathan Yudelman, a scholar at ASU’s School of Civic and […]

11 days ago

Associated Press

Clarification: Arizona Professor Killed-Trial story

TUCSON, Ariz. (AP) — In a story published May 8, 2024, The Associated Press reported that Murad Dervish was a graduate student in the University of Arizona’s hydrology program. The story should have made clear that he was in the master’s degree program in atmospheric sciences, which is within the Department of Hydrology and Atmospheric […]

12 days ago

Sponsored Articles

...

Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.

...

COLLINS COMFORT MASTERS

Here are 5 things Arizona residents need to know about their HVAC system

It's warming back up in the Valley, which means it's time to think about your air conditioning system's preparedness for summer.

...

Day & Night Air Conditioning, Heating and Plumbing

Day & Night is looking for the oldest AC in the Valley

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Arizona can enforce an 1864 law criminalizing nearly all abortions, court says