An abortion ban enacted in 1864 is under review in the Arizona Supreme Court

The Arizona Supreme Court is grilling lawyers over whether a pre-statehood ban on nearly all abortions is limited or has been made moot by other statutes enacted over the past 50 years. The court is reviewing a lower-court decision that said doctors couldn’t be charged for performing the procedure in the first 15 weeks of pregnancy because other Arizona laws over the years have allowed them to provide abortions. The 1864 law provides no exceptions for rape or incest but allows abortions if a mother’s life is in danger.