A judge in Arizona has decided that an almost complete prohibition on abortion dating back to 1864 must be upheld.
The judge overturned an injunction that prevented the enforcement of a law that only permitted abortions when the mother’s life was in danger.
The Roe v. Wade decision, which held that there was a constitutional right to an abortion, was reversed by the US Supreme Court this year.
Since then, individual US states have been debating whether or not to permit the surgery.
A two- to five-year prison penalty is included in Arizona’s legislation, which dates back to when the state was founded, for anybody who facilitates an abortion.
After the landmark Roe v. Wade decision by the Supreme Court, it was stopped in 1973.
This injunction was removed on Friday by Pima County Superior Court Judge Kellie Johnson.
Brittany Fonteno, the president of Planned Parenthood Arizona, said she could not emphasize enough how “cruel” the choice was.
No antiquated law should restrict our right to reproductive freedom, she argued.
In June, Roe v. Wade was overruled.
Although this did not make abortion illegal by default, it granted individual states the authority to enact their restrictions.
To be implemented once Roe v. Wade was reversed, Arizona approved legislation early this year prohibiting abortions after 15 weeks, joining several other Republican-led states in doing so.
It is now unknown whether the 15-week restriction or the almost complete ban will be implemented first.
Arizona’s Republican Attorney General Mark Brnovich disagreed with Gov. Doug Ducey, who suggested the 15-week prohibition should be used.
As doctors and abortion facilities struggled to determine which law would go into force, access to abortion has become more challenging in Arizona in recent months.