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AZ Supreme Court Upholds 1864 Abortion Ban: 'Amazing Win for Human Rights'

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Arizona's Supreme Court has upheld a 160-year-old measure outlawing abortion except when the mother's life is in danger.

Until now, abortion has been legal in Arizona up to 15 weeks of pregnancy.
The state's high court ruling reviewed a 2022 decision by the state Court of Appeals that said doctors couldn't be charged for performing the procedure in the first 15 weeks of pregnancy. 

The ruling upholds an 1864 law banning nearly all abortions except to save the life of the mother. 

An older court decision had blocked enforcing the 1864 law shortly after the U.S. Supreme Court issued its 1973 Roe v. Wade decision inventing a constitutional right to an abortion. 

Then, after the U.S. Supreme Court overturned Roe v. Wade in June of 2022, state Attorney General Mark Brnovich (R) persuaded a state judge in Tucson to lift the state's blockade of the 1864 law.
The Arizona court ruled that because Roe v. Wade was overturned, there is no federal law preventing the state from reinstating the law banning termination of pre-born lives.

The ban won't be enforced for 14 days and faces yet another battle as pro-abortion activists are working to put a measure on the November ballot that would expand abortions up to 24 weeks of pregnancy. 

The ruling is fanning the nationwide flames of the abortion debate.

President Biden condemned the measure as "cruel" and Vice President Harris is heading to Arizona Friday to campaign on the issue.

"We believe women's lives are at stake across the country....make Roe v Wade the law of the land," White House Press Secretary Karine Jean-Pierre said on Tuesday. 

However, pro-life advocates are praising the high court's decision. 

Lila Rose, president of Live Action, called the ruling, "An amazing win for human rights and children's lives!"

SBA Pro-Life America President Marjorie Dannenfelser says the group is celebrating this "enormous victory for unborn children and their mothers," while warning there is more work to be done.

"The compassion of the pro-life movement won in court today, but we must continue to fight," she said in a statement. 

"Governor Hobbs and her pro-abortion allies will pour millions into deceiving the voters about the upcoming amendment that permits abortion on demand when babies can feel pain and survive outside the womb. We must defeat this extreme measure that would force Arizonans to pay for abortions and eliminate health protections for women," Dannenfelser added. 

Former Planned Parenthood director turned pro-life advocate Abby Johnson praised Jesus for the court's decision. 

"A HUGE win for life in Arizona after the Arizona Supreme Court has ruled that the state's 1864 pre-Roe ban on nearly ALL abortions," she wrote on X.

"Thousands of babies are going to be saved by this protection over their life," Johnson continued. "Praise Jesus!"

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About The Author


Talia Wise has served as a multi-media producer for, CBN Newswatch, The Prayer Link, and CBN News social media outlets. Prior to joining CBN News she worked for Fox Sports Florida producing and reporting. Talia earned a master’s degree in journalism from Regent University and a bachelor's degree from the University of Virginia.