The US state of Arizona’s Supreme court has ruled that the state can enforce a 160-year-old near-total abortion ban.

The 1864 law makes abortion punishable by two to five years in prison, except when the mother’s life is at risk.

Arizona voters may be able to undo the ruling in a November referendum.

The decision follows months of legal wrangling about whether the law could be enforced after years of dormancy.

Many have argued it had been effectively nullified by decades of state legislation, including a 2022 law that allows abortions until 15 weeks of pregnancy, the BBC reports.

Arizona’s top court agreed to review the case in August 2023 after a right-wing law firm, Alliance Defending Freedom, appealed against a lower court ruling that said the more recent law should stand.

In a 4-2 ruling on Tuesday, the state supreme court overturned that decision. It said the 1864 law was “now enforceable” because there were no federal or state protections for the procedure.

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