The Arizona Supreme Court upheld an 1864 law on abortion: Read the full text and ruling
The Arizona Supreme Court ruled Tuesday to uphold an 1864 abortion law, making the procedure illegal in nearly all instances.
The 160-year-old law had an injunction placed on it when the U.S. Supreme Court issued its Roe v. Wade decision in 1973. But activists began petitioning to have the injunction removed when the U.S. Supreme Court overturned the right to an abortion in 2022.
Enforcement could take place as soon as 60 days from now, and the law mandates a two-to-five years prison sentence for those who aid in an abortion, except when it is necessary to save the life of the mother.
Here is more about the law, which was passed in 1864 before Arizona was a state, and Tuesday's ruling:
More: Donald Trump says states should decide abortion policy, avoids talk of a national ban
Read the 1864 abortion law text
This text was part of the first package of laws passed by the territorial Legislature in 1864: "A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years."
A companion law requiring a minimum one-year sentence for a woman seeking an abortion sentence was repealed in 2021.
See the Arizona Supreme Court abortion ruling opinion
In the opinion, the high court argued that the legislature never faltered from its 1864 intent to ban abortions.
Four justices voted in favor, two dissented and one recused himself from the case.
Here is the full opinion:
Arizona Supreme Court ruling by Kinsey Crowley on Scribd
Contributing: Ray Stern, Shelby Slade, Jimmy Jenkins, Mary Jo Pitzl, Stephanie Innes, Sasha Hupkam Stacey Barchenger; USA TODAY Network
This article originally appeared on USA TODAY: 1864 abortion law full text: Read the near-total ban upheld by Arizona