Arizona Attorney General Kris Mayes says she will not enforce a law dating back to 1864 that bans abortion in virtually all instances.
The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake.
Mayes, a Democrat, called the 4-2 decision "unconscionable and an affront to freedom."
"The court has risked the health and lives of Arizonans," Mayes said. "As long as I am attorney general, no woman or doctor will be prosecuted under this draconian law in this state."
The law, which was originally passed in 1864 before Arizona became a state, mandates two to five years in prison for anyone aiding an abortion, except when the mother’s life is at risk. It was codified in 1901 and in 1913.
President Joe Biden said the ban was cruel and noted it was enacted before women had the right to vote.
"Millions of Arizonans will soon live under a more extreme and dangerous abortion ban," Biden said. "This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom."
In 2022, a lower court in Arizona originally ruled a 15-week ban superseded the 1864 law.
The fight to overturn the 1864 law has lasted decades. Planned Parenthood of Tucson unsuccessfully fought to overturn the law in 1971.
Following Roe v. Wade, which legalized abortion, an injunction was placed on the 1864 law until the Supreme Court overturned Roe v. Wade in 2022.
The Arizona Supreme Court said the decision will be on hold for 14 days. The case will be sent back to a lower court to consider "additional constitutional challenges," according to NBC News.
The court's decision is likely not the final word. Abortion rights activists are pushing to get a constitutional amendment on the ballot this November that would enshrine the right to an abortion up to 24 weeks, undoing the 1864 law.
Arizona is expected to be a top battleground state for the 2024 presidential election and is home to a closely watched Senate race between Democrat Rep. Ruben Gallego and Republican Kari Lake, who unsuccessfully ran for governor in 2022.
Last month, Lake said she opposes the 1864 law and supports a 15-week limit on abortion, though she previously said abortion was the ultimate sin. Gallego said he supports the ballot measure.
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