The US has lots of old laws on the books that are terrible, reflecting the awful views that people had in the past. Many of these laws were not explicitly repealed but became inoperative when new laws superseded them. One of the things that the Roe v. Wade opinion did was to lay down a federal standard for when abortions are permissible, making many old state laws on abortion that had extremely harsh restrictions null and void. But with the Dobbs decision repealing Roe, the US Supreme Court removed that federal shield and now the old laws are resurfacing.
The Arizona supreme court dropped a bombshell when, in a 4-2 ruling, it upheld an 1864 law that made all abortions illegal whenever it was carried out and left no exceptions even for rape or incest. The only exception was to save the life of the mother.
An Arizona Supreme Court decision on Tuesday that could end virtually all abortions in the state puts the issue front and center in a 2024 battleground that will play a crucial role in deciding the next president and the Senate majority.
Democrats immediately pounced on the ruling, which will allow a law first passed in 1864 to go into effect. It permits doctors or others to be prosecuted for performing an abortion at any time unless the mother’s life is in danger and does not include exceptions for rape or incest.