The Arizona Supreme Court has ruled that the state must enact a near-total abortion ban based on a century-old law

The Arizona Supreme Court has enforced a 160-year-old abortion ban, effectively banning abortion care in the state, joining a growing list of comparable places in America with similar mandates.

This law, passed in 1864, criminalized abortion punishable imprisonment for any person involved in performing or facilitating an abortion, except where the woman’s life is in peril. Even though it was passed long before Arizona became a state, the law stays in force, NBC News reports.

The decision effectively overturns a lower court ruling that suggested the newer 15-week abortion ban replaced the 1864 law. The state Supreme Court’s decision sparked controversy and criticism from Democrats, including President Joe Biden, who condemned the ban as extreme and dangerous.

“Millions of Arizonans will soon live under an even more radical and dangerous abortion ban that fails to protect women even when their health is at risk or in tragic cases of rape or incest,” Biden said in a statement. He called the ban “cruel” and “the result of an extreme agenda by Republican elected officials who are committed to taking away women’s freedoms” and vowed to “continue to fight to protect reproductive rights.”

Arizona Attorney General Kris Mayes announced she wouldn’t implement the law, calling it draconian and reaffirming her commitment to protecting women’s rights.

“Let me be clear: As long as I am attorney general, no woman or doctor in this state will be prosecuted under this draconian law,” Mayes said in a statement, adding that the decision was “unconscionable” and “an affront to liberty. “

Gov. Katie Hobbs, also a Democrat, called on GOP lawmakers to repeal the 1864 ban before it goes into effect, but GOP lawmakers didn’t appear to take up the issue.

“We are 14 days away from this extreme ban coming back into force,” Hobbs, a Democrat, said at a news conference. “This should be repealed immediately.”

While Hobbs said she was “confident” that reproductive rights advocates would appeal the ruling inside their 14-day deadline, she also suggested that voters should support abortion rights on the November ballot to counter the ruling. As a part of a separate, pending lawsuit, abortion providers will have the option to supply abortion services as much as the fifteenth week of pregnancy for an extra 45 days.

“It is more urgent than ever that Arizonans have the opportunity to vote to enshrine abortion rights in our Constitution this November. I am confident that Arizonans will support this ballot measure, and I intend to continue to do everything in my power to make sure it is successful,” Hobbs said.

The ruling intensified ongoing debates over reproductive rights in Arizona, prompting voters to induce support for abortion rights on the upcoming November ballot. Additionally, the court’s decision highlights the impact of the 2022 Dobbs decision, which overturned Roe v. Wade, thereby changing the legal landscape regarding abortion rights.