Arizona’s state Supreme Court recently ruled that a long-dormant law criminalizing nearly all abortions can now be enforced in the state. This law, dating back to 1864, allows abortions only when a mother’s life is at risk, with no exceptions for cases of rape or incest. The decision opens the door for doctors who perform abortions to be prosecuted under this law, which carries a penalty of two to five years in prison for those involved in the procedure. The ruling suggests that doctors can be charged for performing abortions, but does not explicitly state this.
The decision comes after a review of a 2022 ruling by the state Court of Appeals, which had stated that doctors couldn’t be charged for performing abortions in the first 15 weeks of pregnancy. State Senator Arizona Eva Burch, who recently revealed her own need for an abortion due to a non-viable pregnancy, criticized GOP lawmakers who supported the ban. Despite this ruling, Burch emphasized that the fight for reproductive rights in Arizona is not over, as voters will have the opportunity to vote on a ballot measure this fall that could protect the right to abortion in the state.
Currently, 14 states have enforced bans on abortion at all stages of pregnancy, with limited exceptions. Two states have banned the procedure once cardiac activity can be detected, usually around six weeks into pregnancy. Many of these bans have faced legal challenges, with courts blocking the enforcement of some restrictions. Following the U.S. Supreme Court’s overturning of Roe v. Wade in June 2022, Arizona Attorney General Mark Brnovich successfully convinced a state judge to lift the block on enforcing the 1864 law, leading to its potential enforcement.
A proposal to repeal the 1864 law is pending before the Arizona Legislature, but has not received a committee hearing this year. Critics of the ruling, including former Gov. Doug Ducey, who signed a current law restricting abortion after 15 weeks, have expressed disappointment in the decision. President Joe Biden, along with Vice President Harris, have condemned the enforcement of the 1864 Arizona law, describing it as cruel and calling for the protection of reproductive rights. Despite the ruling, efforts are ongoing to advocate for the restoration of protections provided by Roe v. Wade at the federal level.
