Today, the Arizona Supreme Court ruled 4-2 that abortion is illegal statewide with the exception to save the mother’s life. In Planned Parenthood Arizona v. Mayes, the Court stated that “physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal.” The 1864 near-total abortion ban can once again go into effect after 14 days.

The Court stated that the 1864 law, which had been ruled unconstitutional under Roe v. Wade, “had never been repealed,” and since there is now neither a federal right to abortion nor any federal or state law prohibiting the law’s operation, it is “now enforceable.”

The case centered around a legal challenge by Planned Parenthood arguing current law allows abortion so the Civil War-era ban should remain blocked. In June 2022, an Arizona appeals court evaluated the 1864 law and denied it from retaking effect favoring a more recent and less restrictive 15-week ban currently in place. However, with today’s Arizona Supreme Court ruling, not only will the 1864 near-total ban soon retake effect, the criminal and regulatory sanctions from the 15-week ban that penalizes physicians for performing abortions after 15 weeks will also remain in effect.

Liberty Counsel filed an amicus brief in the case urging the Court to reinstate the 1864 ban to protect unborn minority and disabled children from the social eugenic agenda of the abortion industry.

In deciding the case, the Arizona High Court did not weigh the law on whether the state constitution guaranteed a right to life or abortion, rather it evaluated the state’s abortion laws in their “proper context” to determine the legislature’s desired effect from the laws.

From LifeNews