The Arizona Supreme Court recently issued a ruling reverting the state back to a 160-year-old law that criminalizes abortions in almost all circumstances. The law makes it a felony for anyone who provides or administers any substance or uses any means to induce a miscarriage, with a prison sentence ranging from 2-5 years. The 1913 law, which was never repealed, includes an exception for cases where the mother’s life is at risk. The court’s ruling has now made this law enforceable, effectively banning abortions in Arizona.
The court’s decision was based on the fact that the 2022 law, which allows women to get an abortion within the first 15 weeks of pregnancy, does not provide independent statutory authority for an abortion, as it is predicated on the now-overturned Roe v. Wade decision that legalized abortion in the United States. The 160-year-old law will come into effect in 14 days, leaving women in Arizona with limited options when it comes to terminating a pregnancy. The ruling, which was made in a 4-2 decision, has sparked outrage among pro-choice advocates, including Arizona Attorney General Kris Mayes, who called the decision unconscionable and a threat to the health and lives of Arizonans.
The court’s decision to effectively ban abortions in Arizona has been met with criticism and condemnation, with many viewing it as a regressive step that undermines women’s rights. The ruling has been described as a stain on the state’s history, particularly given the context of the law being from a time when Arizona was not even a state and women did not have the right to vote. The decision comes at a time when the Supreme Court is considering the fate of abortion rights in the United States, creating uncertainty and fear among women who may need access to abortion services.
The ruling overturning the 2022 law and reverting to the 160-year-old law highlights the ongoing political battle over abortion rights in the United States. The decision reflects the deeply polarized views on the issue, with some advocating for greater restrictions on abortion and others fighting to protect the right to choose. The ruling is expected to have far-reaching consequences for reproductive rights in Arizona, potentially setting a precedent for other states to roll back abortion access. Ultimately, the court’s decision underscores the need for continued advocacy and activism to protect and expand access to reproductive healthcare for all individuals.
