Arizona Supreme Court Revives 1864 Abortion Ban Passed Before Women Could Even Vote

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In a historic ruling, Arizona’s conservative Supreme Court has upheld an 1864 law banning almost all abortions in the state. The court sent out this warning: “Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal.” The 160-year-old law predates Arizona becoming a state and was passed decades before women could even vote. Although Arizona’s Attorney General Kris Mayes said she will not enforce the “draconian law,” the ruling sent shockwaves across the nation. “The central strategy of the anti-abortion movement is to roll back the clock to the Victorian era, because they know that they cannot win through the democratic process,” says Amy Littlefield, abortion access correspondent at The Nation, who says conservatives supporting these unpopular restrictions face an uphill battle this fall. “Democrats are banking on this being a huge way to lift their boats in the next election.” Activists are preparing a November ballot measure to enshrine abortion rights in the Arizona Constitution, and reproductive rights will be a key issue in the state’s closely watched Senate race.

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In 1864, Arizona wasn't even a state. It was still a territory so where the hell are they getting this law from?

betenu
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I wish pro-lifers were as passionate with preventing children from being gone down in schools as they are with this abortion issue

bman
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the 1864 abortion ban was enacted before women or black people could vote. This document should be disqualified and held in contempt as it does not represent the will of all the people in Arizona today and violates both the 14th Amendment and 19th Amendment. This is how far our dear Republicans will go to satisfy their own beliefs over the majority.

davidbutton
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"Law taken to the extreme is the greatest injustice." Marcus Tullius

danielcaraveo
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The same policy as the Nazi party during 1939. How primitive.

pottsy
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God i want to leave this backwards-ass state, but if all the blue left it wouldn't be purple it would just be red and shit like this would keep happening, then i would feel like i abandoned my neighbors

vg
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The concepts of bodily autonomy, the woman's right to choose, dignity, logic and common sense have been horridly aborted

joelharris
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As seen in the Texas case, "What is necessary to save the life of the mother" is subjective.

ecclairmayo
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Excellent point, that the law was passed before AZ was a state when women couldn't vote. Also, abortion was primitive and dangerous at that time.

deadman
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It's up to the Real Women to put their foot down and put a stop to this! It will only get worse if not stopped!

mariocastro
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You have rights for your own life, not someone else’s life.

RandomAccount-uwbv
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Everyday the "Handmaid's Tales" becomes less and less chill.

jamesblount
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a state supreme court making legislation? Hmmm i must have missed the part where the judicial system was actually the legislative system, my bad

MrFirefox
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yeah, some women want to have babies without limbs, crippled babies, babies with cognitive constraints; and some women consider early termination MERCIFUL.

waitz
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This is a prime example of a lack of separation of church/religion and state. I think the right to choose is a personal one and lawmakers making laws based on religious beliefs should be voted out of office. That said, I think the financial cost of the procedure should be on the burden on the individual and not the state unless the result of the pregnancy was due to a documented assault. The argument that a life is being taking should only be had between the person seeking the abortion and their higher belief system and no one else. The law should be at the federal level to allow women the choice to choose. If anyone disagrees and wants to counter the comment I will not entertain anyone with a response. I said my piece on the the topic and my opinion won't change.

wildbushdog
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Women: they are coming for us, let's leave them. 4B

xxbatflowerxx
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Handmaiden's tale in the making!
Imagine all the other laws that could be changed back to the same era.
Ladies for now you can still vote!
Use it before you lose it.

deebarnard
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Why does nobody ever consider the right of the child to choose to not be born before it comes out kicking, screaming and crying?

GoogleVideoMan
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Search sign and share: Petition to Repeal the Comstock Act of 1873

Rhythmicons
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Yay First!
1864? I’m embarrassed for Arizona.

Roadrunner