Arizona governor calls for an Arizona supreme court ruling to be repealed that permits enforcement of an 1864 law banning almost all abortions

The Arizona governor, Katie Hobbs, a Democrat, called for an Arizona supreme court ruling to be repealed that permits enforcement of an 1864 law banning almost all abortions. Speaking at a press conference the governor said: ‘The near total civil war-era ban that continues to hang over our heads only serves to create more chaos for women and doctors in our state.’ First passed when Arizona was still a territory, the ban only permits abortions to save a patient’s life and does not make exceptions for rape or incest.

          • Flying Squid@lemmy.world
            10·
            7 months ago

            So the judiciary nullified a new law because the judiciary hadn’t nullified an old law. Sounds like you’re making my point for me.

            • wjrii@lemmy.worldEnglish
              4·
              7 months ago

              No, in this case, the 15-week law was specifically designed by the GOP in a purple state NOT to “create a right to an abortion.” It was a bullshit law meant to restrict as much as they could before Roe was overturned. Paragraph 24 on page 12:

              The legislature included a two-part construction provision in S.B. 1164, expressing its unequivocal intent that, in restricting elective abortion to fifteen weeks’ gestation, it did not create, recognize, or expand a right to an abortion, nor did it repeal § 13-3603’s proscription on elective abortion:

              This act does not:

              1. Create or recognize a right to abortion or alter generally accepted medical standards. The Legislature does not intend this act to make lawful an abortion that is currently unlawful.

              2. Repeal, by implication or otherwise, section 13-3603, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion.

              The solution is a state constitutional amendment that should be on the ballot.