Arizona ban on nearly all abortions in effect, judge rules

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An over century-old Arizona law that bans abortions in nearly all circumstances can again be enforced after Pima County Superior Court Judge Kellie Johnson on Friday lifted an injunction that had left the law dormant for nearly five decades.

State Attorney General Mark Brnovich asked the court to rule on the injunction after the U.S. Supreme Court overturned Roe v. Wade in its June decision in the Dobbs v. Jackson Women’s Health Organization case in Mississippi.

The decision put the question of abortion policy back in the hands of states. In Arizona, there are conflicting laws on the books, leading to a court challenge.

The basic provisions of the law were first codified by the first territorial Legislature of Arizona in 1864: It mandates two to five years in prison for anyone who provides an abortion or the means for an abortion. The state adopted the law with streamlined language in 1901; it remains on the books today as ARS 13-3603

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