legal questions Abortion-rights advocates protest at the Supreme Court after it overturned Roe v. Wade, the decision that recognized a right to an abortion, and said regulation should be up to the states. The House Friday passed bills that would reinstate Roe, but their future in the Senate is uncertain.
File photo by Daisy Gonzalez-Perez/Cronkite News

A new poll shows that 68% of Arizonans are against a 1901 abortion ban that the Arizona Attorney General wants to bring back.

Arizona Attorney General Mark Brnovich last week asked a judge to reinstate a 158-year-old Arizona law that would ban abortion in all cases except when the mother’s life is at risk and would mandate prison time for abortion providers.

RELATED: What Arizona’s Primary Results Mean for Abortion Rights

As the nation continues to wrestle with the Supreme Court’s overturn of Roe V. Wade, Brnovich wants to take it a step further and completely ban abortion in all cases except when the mother’s life is at risk and would mandate prison time for abortion providers. When the newly conservative high court overturned that decision last month, they left the matter of protections for abortion rights to the states to decide. 

In July, Brnovich asked a Tucson court to lift an injunction blocking the enforcement of a law that bans all abortions except when the mother’s life is at risk.

Arizona’s near-total ban on abortions has been in the books since at least 1901, and Brnovich said that it should now be enforceable with Roe overturned.

RELATED: Arizona Judge Weighs State Request to Enforce Abortion Ban

An estimated 68 percent of Arizona voters said they opposed Brnovich’s court filing, according to a survey conducted by Data for Progress. As midterm elections inch closer, abortion bans are expected to be a deal breaker for many voters. 

The survey also showed that 45 percent of voters would vote for another candidate if they support banning abortion in Arizona. 

Pima County Superior Court Judge Kellie Johnson will consider the arguments and issue a ruling after Sept. 20.

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