Arizona Supreme Court Upholds 1864 Abortion Ban

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The Facts

  • The Arizona Supreme Court on Tuesday ruled the state can enforce an 1864 law that bans all abortions with no exceptions for rape or incest and allows abortion only to save the life of the mother.

  • The 4-2 decision declared the law, which predates Arizona's statehood, as "now enforceable." But the court put the ruling on hold for 14 days so a lower court could hear additional arguments about the law's constitutionality.


The Spin

Republican narrative

Whether it's Arizona's all-out ban or other states' restrictions on abortion, this is how federalism works — SCOTUS sent the power to regulate abortion to the states and they're doing just that. Democrats, who want to allow abortion with no restrictions, are going to protest any regulation. If the people disagree with the laws, they'll vote for new representation.

Democratic narrative

While unfortunate for the women of Arizona — who seemingly are having their rights rolled back by a century — this ruling is a gift to Democrats in the same week Trump declared abortion to be a states' rights issue. Now the American people can see the cruel laws that could be enacted under GOP control, and they can vote accordingly this November.


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