Law from 1864

Abortion ban could come back into force in Arizona

A 160-year-old abortion ban could soon come back into force in the US state of Arizona. According to this law, abortions are prohibited even after rape or incest. Exceptions are only made if the life of the woman concerned is in danger.

The Supreme Court of the US state of Arizona ruled on Tuesday that the law from 1864 may be reinstated. The judges set a two-week deadline to clarify any outstanding constitutional issues. The law will not come into force within this period for the time being. As a lawsuit is also pending, this period could be extended once again. Activists warn that the uncertainty alone could severely restrict access to abortion in Arizona.

Affects helpers rather than pregnant women
Currently, abortions are banned in Arizona from the 15th week unless the mother's life is in danger. However, the 19th century ban does not directly criminalize unintended pregnant women, but rather people who help them with an abortion. A doctor could be sentenced to five years in prison, for example.

The extent to which the law will actually be enforced is still unclear. Neither US President Joe Biden nor his rival Donald Trump are in favor of it. The ruling is "the result of the extreme agenda of Republican officials who are committed to depriving women of their liberty", the White House announced in a press release. According to Trump, the court's decision "goes too far." The governor of Arizona, a Democrat, "and everyone else will bring it back to sanity."

Ban in 16 US states
In June 2022, the Supreme Court overturned the landmark ruling on nationwide abortion rights (from 1973). Abortions are now virtually banned in 16 US states, while others continue to have fairly liberal legislation.

According to surveys, a majority of people in the USA support a limited right to abortion. The issue is also playing a role in the presidential election campaign. Although Trump, unlike Biden, is not a supporter, he has not yet explicitly spoken out in favor of a national ban.