Democrats Tee Up Abortion Until Birth After Arizona Supreme Court Follows Law as WrittenKen Klukowski 11 Apr 2024 Washington, DC
Democrats are teeing up a ballot measure in Arizona that would practically ensure abortion until the moment of birth, after the Arizona Supreme Court held that a new state law regulating abortion after 15 weeks did not repeal an 1864 law that allowed abortion only to save the life of the mother.
In March 2022, lawmakers in Arizona adopted S.B. 1164, now referred to in the state’s law books as § 36-2322. A child in the womb can feel pain by 15 weeks, and unborn children can also be seen via ultrasound sucking their thumbs and waving their hands. The new statute would allow abortions after 15 weeks only under special circumstances. It is a point where polls show most Americans support regulations, support that increases when the law includes exceptions for rape, incest, and protecting the life of the mother.
But Arizona also had a law on the books from 1864 that only allowed abortions to save the life of the mother. The Arizona Supreme Court wrestled with the issue of whether that law was now back in effect after the U.S. Supreme Court overruled its 1973 Roe v. Wade decision in its 2022 decision in Dobbs v. Jackson Women’s Health Organization. As part of that analysis, the Arizona court was determining whether the 2022 law repealed and replaced the 1864 law.
By a 4-2 vote (with one justice recused), the Arizona court held that the newer statute did not repeal the old one.
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