A Law That Is Unchangeable
"The state's highest court said the law, moribund for decades under Roe v. Wade, was not enforceable, but it put its decision on hold for a lower court to hear other challenges to the law," said the Times.
"Arizona Supreme Court rules abortion ban from 1864 can be enforced," said the headline on a story posted by CBS News.
But was this Arizona law reviewed by the court enacted in 1864?
While its predecessor was enacted then, as the court made clear in its opinion, the law it was reinstating had been enacted in 1977 -- after Roe v. Wade.
"In 1864, the First Legislative Assembly published a code of laws governing the territory of Arizona," said the Arizona Supreme Court. It "established Arizona's first criminal code, which included constraints on abortion."
So, what happened to that 1864 law?
"In 1901," said the court, "the Twenty-First Legislative Assembly enacted a penal code reiterating the abortion law, dividing criminality between people who facilitate abortions and women who solicit assistance to procure an abortion."
In 1912, Arizona became a state. What did it do about abortion then?
"This language was adopted in whole in 1913, after Arizona statehood," the court said, referencing the 1901 law.
"In 1928," said the court, "the Arizona Legislature codified abortion criminality."
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