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 This led to a legal clash with Planned Parenthood Arizona, which argued that the old ban was superseded by newer laws.
This story is from the July 2024 edition of Reason magazine.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the July 2024 edition of Reason magazine.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
THE REAL THREAT IS AN ISOLATED CHINA
DECOUPLING FROM TRADE WILL MAKE THE U.S. POORER AND CHINA MORE TOTALITARIAN.
Against Our Own Best Souls'
SISTER HELEN PREJEAN ON HERLIFE ASA WITNESS ON DEATH ROW
'THE POLITICS HAVE COME TO US'
HOW A CHRISTIAN CHARITY IN EL PASO ENDED UP AT WAR WITH THE TEXAS GOVERNMENT FOR HELPING UNDOCUMENTED IMMIGRANTS
MATERIEL LOSS
HOW THE U.S. MILITARY BUSTS ITS BUDGET ON WASTEFUL, CARELESS, AND UNNECESSARY 'SELF-LICKING ICE CREAM CONES'
'NOT A SUICIDE PACT'
HOW A 1949 SUPREME COURT DISSENT GAVE BIRTH TO A MEME THAT SUBVERTS FREE SPEECH AND CIVIL LIBERTIES
HOW MUSK CAN HELP TRUMP CUT TRILLIONS
DURING PRESIDENT DONALD Trump’s first term in office, the national debt increased by $8 trillion—due, in large part, to huge spending hikes that Congress passed and Trump signed.
THE IMPROBABLE RISE OF MAGA-MUSK
IS ELON MUSK A REACTIONARY WITHA DEFECTIVE BULLSHIT METER OR THE BEST PART OF THE SECOND TRUMP ADMINISTRATION?
A Free-Range Family
RIGHT NOW, CHILDHOOD is intensely meh. Maybe you read the recent report in The Journal of Pediatrics that said that as kids' independence and free play have gone down, their anxiety and depression have been going up.
Educulture Wars
THE CULTURE WAR is costing school districts billions, according to a report released in October 2024 by the UCLA Institute for Democracy, Education, and Access. The report surveyed superintendents at 467 school districts nationwide about extra expenditures they undertook because of increased conflict over culture war issues such as critical race theory, book chal- lenges, gender-related debates, and other politicized topics. The report estimates that such fights cost school districts around $3.2 billion during the 2023-2024 school year.
Q&A Penny Lane
PENNY LANE'S NEW Netflix documentary, Confessions of a Good Samaritan, delves into her life-changing decision to donate a kidney to a stranger. Known for her thoughtful and provocative storytelling, Lane has explored human connection and empathy in films such as Hail Satan? and The Pain of Others. Last October she spoke with Reason's Nick Gillespie and shared her emotional, physical, and philosophical experience with anonymous kidney donation and the challenges that came with it.
