Brnovich: Territorial-era ban on abortions in Arizona is the law of the land, not 15-week ban

Arizona Attorney General Mark Brnovich believes a 158-year-old territorial law that mandates prison time for abortion providers is the governing law in the state and that a separate measure barring abortions after 15 weeks won't supersede it.

In a statement on Twitter, Brnovich said he would set aside an injunction the state Court of Appeals put in place in 1973 that blocked the Attorney General's Office and Pima County from enforcing the territorial law. The injunction was issued after the U.S. Supreme Court's ruling in Roe v. Wade.

It's an attempt to bring clarity to the legal muddle that has confused Arizonans ever since the U.S. Supreme Court indicated it was likely to overturn Roe v. Wade.

Brnovich's decision differs from Gov. Doug Ducey's statement that a recently passed law that bans most abortions after 15 weeks of pregnancy takes precedence over the older law. Senate Bill 1164 was passed earlier this year with unanimous Republican support and becomes law on Sept. 24.

Brnovich's office did not immediately respond to a request for details on when he would take the matter to court.

On Tuesday, acting Maricopa County Attorney Rachel Mitchell said court guidance would be needed to determine if the territorial law would apply in the state's largest county.

Brnovich's statement Wednesday indicates he is looking to get the clarification, while also reinstating a law that was written more than a century and a half ago.

Reach the reporter at maryjo.pitzl@arizonarepublic.com and follow her on Twitter @maryjpitzl.

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This article originally appeared on Arizona Republic: Arizona abortion ban from 1800s is law, Attorney General Brnovich says