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 This led to a legal clash with Planned Parenthood Arizona, which argued that the old ban was superseded by newer laws.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
Gimme Shelter - The U.S. confronts a growing homelessness problem. Does Miami have the answer?
The U.S. confronts a growing homelessness problem. Does Miami have the answer?
AI Is Coming for Hollywood's Jobs
But so is everyone else.
AI Can Do Paperwork Doctors Hate
With help from AI, doctors can focus on patients.
Antitrust May Smother the Power of AI
Left alone, AI could actually help small firms compete with tech giants.
A Brief, Biased History of the Culture Wars
THE FIRST PAR AGR APH of the book jacket lays it out: “There is a common belief that we live in unprecedented times, that people are too sensitive today, that nobody objected to the actions of actors, comedians, and filmmakers in the past.
FAMILIES NEED A VIBE SHIFT
THE AUTHORS OF FOUR NEW BOOKSWITH 24 KIDS BETWEEN THEM-SAY THE AMERICAN FAMILY NEEDS A COURSE CORRECTION.
"The Past Is There To Teach Us What Can Happen'
Hardcore History's Dan Carlin on hero worship and moral assumptions in the study of the past
Cutting Off Israel
ENDING U.S. AID WOULD GIVE WASHINGTON LESS LEVERAGE IN THE MIDDLE EAST. THAT’S WHY IT’S WORTH DOING.
WHAT CAUSED THE D.C.CRIME WAVE?
GOVERNMENT MISMANAGEMENT, NOT SENTENCING REFORM OR SPARSE SOCIAL SPENDING, DESERVES THE BLAME.
States Turn Their Backs on Criminal Justice Reform
IT WAS IMPOSSIBLE to avoid the “strange bedfellows” cliché when reading about the criminal justice reform movement in the 2010s.
