The Arizona Supreme Court upheld an 1864 law that bans nearly all abortions in a 4-2 decision, stating that the law is now enforceable. However, the court put its ruling on hold, sending the matter back to a lower court to hear additional arguments about the law’s constitutionality. The decision was based on the overturning of the federal right to abortion in Roe v. Wade, which no longer prevents Arizona from enforcing the near-total ban on abortions. This ruling could lead to clinics in Arizona stopping to provide abortions, causing women to travel to nearby states like California, New Mexico, or Colorado to end their pregnancies.
The 1864 law outlaws abortion from the moment of conception, with no exceptions for rape or incest, except when necessary to save the life of the mother. Doctors who violate the law could face fines and prison terms of two to five years. The ruling was a significant loss for abortion-rights supporters, who believe it will endanger women’s health. Attorney General Kris Mayes, a Democrat, criticized the decision as “unconscionable and an affront to freedom,” stating that no woman or doctor would be prosecuted under the law during her tenure.
Some Republicans also expressed concerns about the reinstatement of the near-total ban, preferring to retain the state’s 15-week abortion ban signed into law in 2022 by the previous governor, Doug Ducey. Former President Donald J. Trump’s recent statement that abortion rights should be decided by states has added to the political significance of this decision. Democrats are planning to mobilize their supporters to push for a state constitutional right to abortion as a ballot initiative in the upcoming November elections.
For years, supporters and opponents of abortion rights in Arizona have been embroiled in legal battles over whether the 1864 law could still be enforced or if it had been rendered ineffective by other state laws regulating and restricting abortion. The 1864 ban, along with similar laws in other states, had remained inactive while Roe v. Wade was in place but came under scrutiny after the ruling was overturned. Abortion access in Wisconsin was halted due to an 1849 ban, which was later deemed not to make abortions illegal. In Michigan, a 1931 ban on abortion was repealed by Governor Gretchen Whitmer after voters added abortion-rights protections to the state constitution.
The decision by the Arizona Supreme Court to uphold the 1864 abortion ban has sparked controversy and debate about women’s rights and healthcare. It has intensified political divisions in the state and could have significant implications for future elections. The ruling has been met with criticism from both sides of the political spectrum and could result in increased activism and advocacy for reproductive rights. The legal battle over abortion laws in Arizona and other states continues to be a contentious issue, with the outcome shaping the landscape of women’s healthcare and rights for years to come.
