Arizona's Supreme Court to hear case on state's 1864 abortion ban

The 1864 ban only allowed abortions to save the mother's life.

The Arizona State Supreme Court will begin hearing oral arguments Tuesday over whether a centuries-old near-total abortion ban will be reinstated.

Currently, abortion is banned at 15 weeks or later in Arizona. Patients are required to make two appointments, the first for an in-person counseling session and the second at least 24 hours later for the abortion, according to the Guttmacher Institute, a research group that focuses on sexual and reproductive health.

When the U.S. Supreme Court overturned Roe v. Wade last summer, ending a federally protected right to have an abortion and giving states the right to make their own laws, Arizona providers weren't sure which abortion law took precedent.

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One option was the 15-week ban, which was signed into law by then Gov. Doug Ducey in 2022 and enforced after Roe fell. The other, from 1864, when Arizona was still a territory, would essentially ban abortion in the state.

Under the law, anyone who performs an abortion, or supplies medication to induce an abortion, faces between two and five years in prison. There are no exceptions for rape or incest, only if the mother's life is in danger, according to the language of the bill.