Joe Biden Decries Arizona Supreme Court Ruling Upholding 1864 Law Limiting Nearly All Abortions

While the court did not rule on the constitutionality of the 1864 law, the court issued a 4-2 decision with one recusal on Tuesday finding that the 1864 law is “enforceable” over the newer 15-week limit.

“We consider whether the Arizona Legislature repealed or otherwise restricted [the old law] by enacting…the statute proscribing physicians from performing elective abortions after fifteen weeks’ gestation,” Justice John Lopez wrote for the majority opinion. “This case involves statutory interpretation—it does not rest on the justices’ morals or public policy views regarding abortion; nor does it rest on [the old law’s] constitutionality, which is not before us.”

“Absent the federal constitutional abortion right, and because [the fifteen-week limit] does not independently authorize abortion, there is no provision in federal or state law prohibiting [the 1864 law’s] operation. Accordingly, [the 1864 law] is now enforceable,” Lopez continued.

The Arizona Supreme Court ultimately affirmed a lower court’s decision vacating an injunction against the near-total ban, but stayed the total enforcement of the law for 14 days to allow for parties to decide how to pursue further action. The state’s high court also remanded the case to trial court for potential consideration of remaining constitutional challenges.

Vice President Kamala Harris — the Biden reelection campaign’s designated abortion hype-woman — is also scheduled to appear at a “reproductive freedom” event in Tucson on Friday in response to the ruling.