An April decision from the state’s Supreme Court breathed new life into this long-dormant law.
The ban in question—first passed by the territory of Arizona in 1864 and later codified into Arizona state law—mandated two to five years’ prison time for intentionally acting “to procure the miscarriage” of a pregnant woman “unless it is necessary to save her life.”
This law became unenforceable in 1973 when Roe v. Wade recognized a federal right to an abortion. Since then, the state passed a number of new abortion restrictions, including a March 2022 law prohibiting abortion after 15 weeks’ gestation “except in a medical emergency.” So when the U.S. Supreme Court overturned Roe in Dobbs v. Jackson Women’s Health Organization in June 2022, no one in Arizona knew which state abortion rules to follow.
Mark Brnovich, then the state’s attorney general, sought to enforce the more extreme 1864 ban. This led to a legal clash with Planned Parenthood Arizona, which argued that the old ban was superseded by newer laws.
この記事は Reason magazine の July 2024 版に掲載されています。
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この記事は Reason magazine の July 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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