Understanding Arizona's Civil War-era abortion law
On April 9, the Arizona Supreme Court ruled to uphold a Civil War-era law that will ban nearly all abortions in the state. Yahoo News explains where the law came from, how it has come back and why both Democratic and Republican leaders are calling for it to be repealed.
Video Transcript
- On April 9th, the Arizona Supreme Court ruled to uphold a Civil War-era law that will ban nearly all abortions in the state.
ANGELA FLOREZ: There really is no way to sugarcoat it. Today is-- is a dark day for Arizona.
STEPHANIE STAHL: We're in a real moment right now. We've got the eyes of the world watching the State of Arizona.
- The law is a provision of the Howell Code and makes abortion a felony, except when necessary to save the mother's life. However, the law provides little detail on how that exception is determined.
ATSUKO KOYAMA: How many minutes does someone have to be away from dying for it to be now life-threatening versus health-threatening?
- It had been the law of the land in Arizona since 1864--
MARK KELLY: 48 years before Arizona became a state--
- --but was superseded federally in 1973, following Roe v. Wade. When Roe v. Wade was overturned in 2022, Arizona enacted a ban on abortions after 15 weeks. However, the Arizona Supreme Court's decision throws out that two-year-old law in favor of the 160-year-old Howell Code. The law could begin being enforced within the coming weeks, leaving abortion providers and anyone aiding an abortion open to criminal charges and jail time.
While the ruling has received bipartisan criticism--
- Did Arizona go too far this time?
DONALD TRUMP: Yeah, they did. And that'll be straightened out.
- Republicans in the Arizona State legislature have, so far, blocked attempts to repeal it.
- [INAUDIBLE]
- Hold the [INAUDIBLE].
- As this story develops, Yahoo News will have the latest.
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