Abraham Lincoln asked a New York judge to write a legal code abolishing slavery in Arizona. But tucked into the Howell Code was an abortion ban that Arizona’s supreme court just upheld.
Tuesday's ruling by the Arizona Supreme Court paves the way for most abortions to be banned in the state, making Arizona the 17th state to virtually outlaw abortion. One hundred and sixty years ago, after Union forces had wrested control of the American Southwest from Confederate troops, President Abraham Lincoln appointed a New York judge to write the legal code of the newly formed territory of Arizona.
The relevant portion of the 1864 law, which was codified into similar language in Arizona’s Criminal Code, reads: Some women would choose to take “herbal or medicinal remedies known as emmenagogues” to bring their periods back — an action that was “not considered problematic” at the time, she wrote., or when a women first felt the fetus move, generally in the fourth or fifth month,” she wrote. “After this point, abortion would be taboo. What women did before this point was considered strictly the purview of women.
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