The state has adhere to a 123-year-old law that prohibits all abortions except for the sake of the family, according to a landmark decision that was made on Tuesday.  ,
The law, which goes up as far as 1864, also calls for a prison word of two to five times for abortionists. Justices heard claims in the case, Planned Parenthood of Arizona v. Mayes/Hazerigg, in December, and were asked to answer whether Arizona’s 15- year pregnancy reduce signed into law in March of 2022 overrides the older rules.  ,
While the jury did not rule on the validity of the 1864 laws, the judge issued a 4- 2 choice with one recusal finding that the 1864 law is “enforceable” over the newer 15- week limit.
We consider whether the Arizona Legislature repealed or often limited the old rules by enacting a law preventing doctors from carrying out elected abortions after 15 weeks of gestation, according to Justice John Lopez’s majority opinion. ” This case involves statutory interpretation—it does not rest on the justices ‘ morals or public policy views regarding abortion, nor does it rest on]the old law’s ] constitutionality, which is not before us”.
” Absent the federal constitutional abortion right, and because]the fifteen- week limit ] does not independently authorize abortion, there is no provision in federal or state law prohibiting]the 1864 law’s ] operation. Accordingly, ]the 1864 law ] is now enforceable”, Lopez continued.
In the end, the Arizona Supreme Court upheld a lower court’s decision to overturn a nearly full ban while allowing parties to decide how to proceed with additional action. Additionally, the state’s high court moved the case to trial court so that it could be taken into account for any remaining legal challenges.
The abortion debate “involves conscience and public policy issues, and invariably inspires spirited discussion and instills excited disputes among citizens,” the mind states. A plan of this magnitude may eventually be resolved by our citizens through the government or the effort procedure. Because these judgments are reserved for our citizens, we now decline to make this important coverage decision. Otherwise, we simply uphold our constitutionally mandated and limited right to interpret the law as it is written.
The state supreme court decision comes as pro-choice protesters are advancing a proposed amendment that would give Arizona a legal right to abortion.
Arizona for Abortion Access — a , coalition , of teams including ACLU of Arizona, Affirm Sexual and Reproductive Health, Arizona List, Healthcare Rising Arizona, NARAL Arizona, and Planned Parenthood Advocates of Arizona — said last week that they had amassed more than 500, 000 names, well past the 383, 923 required for the proposed act to qualify for the ballot in November. A simple lot may be required to complete the abortion measure if it were to be cast on the November ballot.
Arizona is one of almost a few states where pro- pregnancy activists are  , working , to define the right to remove the newborn.
The situation is Planned Parenthood Arizona v. Mayes/Hazelrigg, No. CV- 23- 5- Branding in the Supreme Court of Arizona
For Breitbart News, Katherine Hamilton is a social reporter. You may pursue her on X , @thekat_hamilton.
