Arizona judge to rule on law that would ban nearly all abortions in the state

An Arizona Superior Court judge could rule as early as Tuesday on whether a 1901 ban on nearly all abortions in that state can be enforced, a court case that has created confusion about the current law in Arizona and could energize female voters to turn out in greater numbers in the state's hotly contested US Senate and governors races.

The case, which is likely to see an appeal whichever way the ruling goes, gets to the issue of how restrictive abortion law should be in Arizona, a swing state that President Joe Biden carried by fewer than 11,000 votes. It's a controversial topic that has divided Republicans in Arizona and is reflective of a pitched debate nationwide in the wake of the US Supreme Court overturning Roe v. Wade in late June, with many GOP-led states passing increasingly restrictive measures that run the risk of alienating moderate voters.

Earlier this year, before that US Supreme Court decision, the Arizona Legislature passed a law outlawing abortion after 15 weeks, which was signed by Republican Gov. Doug Ducey and was slated to take effect on September 24. But conservative Arizona lawmakers included language in the bill stating that the new legislation would not override the 1901 law -- which was passed before Arizona became a state and can be traced back to as early as 1864 -- that bars abortion in all cases except when "it is necessary to save (the mother's) life." That earlier law carries a prison sentence of two to five years for abortion providers.