On Tuesday the Arizona Supreme Court reinstated a 160-year-old law, effectively enforcing a near-total ban on abortions. The pre-statehood statute, dating back to 1864, criminalizes performing an abortion or assisting in obtaining one, with exceptions only to save a woman’s life.
The ruling also overturned a lower court’s interpretation that a more recent 15-week ban, enacted in March 2022, superseded the historic ban. The decision has been met with significant backlash from abortion rights advocates and Democrats, including President Joe Biden and Vice President Kamala Harris. The reinstatement of the 1864 law is seen as a direct consequence of the 2022 Dobbs decision that overturned Roe v. Wade, challenging nearly 50 years of precedent set by Roe.
After the ruling, Kari Lake broke ranks with many in her party by criticizing the court’s decision and advocating for a “common sense solution” that would align more closely with the majority of Arizona’s population.
The Republican Senate candidate opposed the state’s decision, calling it “out of step” with the views of Arizonans. The law bans abortions with the sole exception being when the patient’s life is in danger. It has been met with criticism, including from others within the Republican Party.
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