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US court upholds Arizona’s 1864 anti-abortion law

A court decision from Arizona is causing a stir in the USA. A 160-year-old law that provides for prison sentences for doctors who perform abortions is suddenly in effect again.

The highest court in the US state of Arizona has declared a 160-year-old, almost complete ban on abortion to be enforceable. The Arizona Supreme Court said Tuesday that the draconian 1864 law can stand. It cited the 2022 U.S. Supreme Court ruling that ended a nationwide guarantee of abortion access.

The law imposes a penalty of up to five years in prison for doctors who perform an abortion. US President Joe Biden immediately condemned the decision as a “brutal ban”. He accused the Republicans of “snatching away” women’s rights.

Arizona is one of the so-called swing states that ultimately decide the outcome of presidential elections. The ruling is likely to ensure that the extremely polarizing issue of abortion will play an important role in the election on November 5th. Both Biden and his challenger, former President Donald Trump, have a good chance of winning the state in the southwest of the USA.

“Brash affront to freedom”

Arizona’s Democratic Attorney General Kris Mayes announced she would not apply the ruling, which she called a “brazen affront to freedom.” The decision will go down in history as a “stain on our state.” She pointed out that the 1864 law came at a time when Arizona was not yet a state, the Civil War was raging and women were not allowed to vote.

On Monday, Trump advocated leaving abortion regulations in the hands of the individual states. The ex-president has repeatedly boasted about making the 2022 Supreme Court ruling possible by nominating three conservative justices to the Supreme Court during his presidency.

Biden has announced that if he is re-elected and has a Democratic majority in the Senate and House of Representatives, he will support federal abortion rights.