Arizona validates 160-year-old law banning abortion even in cases of incest or rape

Arizona validates 160-year-old law banning abortion even in cases of incest or rape

The highest court of this western American state ruled on Tuesday, April 9, 2024, that this more than 160-year-old law was valid and therefore enforceable.

New blow for the right to abortion in the United States. On Tuesday, April 9, the Arizona Supreme Court ruled on an 1864 law that bans almost all abortions, even in cases of rape or incest. According to the body, the text is compliant and therefore applicable since the constitutional protection of abortion at the federal level has jumped to 2022, which makes each state free to arbitrate on the matter.

An electoral question a few months before the presidential elections

Currently, Arizona’s attorney general is a Democrat and has long warned that he will not prosecute abortions performed in the field. Although the law should therefore not be applied for the moment, the situation remains fragile. In the United States, prosecutors are elected. It would therefore be enough for his successor not to be on the same political side for the law to be applied to the detriment of women who wish to have an abortion.


A few months before the presidential elections, access to abortion represents a real electoral issue. Joe Biden, who narrowly dominated the Arizona election against Donald Trump in 2020, condemned this law on Tuesday “cruel” and the Supreme Court’s decision to recognize its legal basis. For the current president, this is the fruit of a crusade led by elected Republican officials, “determined to take away women’s freedom “.


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Source: Madmoizelle

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