The Arizona Supreme Court recently made a landmark decision to allow the enforcement of a long-dormant law that bans almost all abortions in the state, except in cases where the mother’s life is in jeopardy. This law, which predates Arizona’s statehood, does not provide exceptions for cases of rape or incest. The court suggested that doctors could potentially face prosecution under the law, though this was not explicitly stated in their opinion. The decision overturned a lower court ruling that had previously stated doctors could not be charged for performing abortions in the first 15 weeks of pregnancy.
The 1864 law that bans almost all abortions in Arizona was enacted before the state was even established in 1912. Despite being blocked from enforcement after the 1973 Roe v. Wade decision by the U.S. Supreme Court, the law has now been resurrected and upheld by the Arizona Supreme Court following the 2022 Supreme Court decision that overturned Roe v. Wade. The law orders prosecution for anyone who provides drugs, substances, or uses instruments to procure an abortion unless it is necessary to save the woman’s life. The court’s ruling suggests that physicians can be prosecuted for performing abortions outside of these limited circumstances.
The decision to uphold the near-total abortion ban in Arizona has sparked intense political debate and debate on abortion access in the state. Democrats have been quick to criticize the ruling, placing blame on former President Donald Trump for appointing the justices who made the decision. President Joe Biden and his allies are working to restore abortion rights, while Trump has refrained from endorsing a national abortion ban. The ruling in Arizona will make it the state with the strictest abortion law among top-tier battleground states, setting the stage for a contentious political battle in the upcoming 2024 presidential election.
Governor Katie Hobbs, a Democrat, has called on the state Legislature to repeal the ban, emphasizing the devastating consequences it could have for women in Arizona. The number of abortions in the state is expected to significantly decrease with the enforcement of this ban, which could have far-reaching impacts on reproductive rights. Abortion rights advocates in Arizona have started a campaign to collect signatures to add a constitutional amendment guaranteeing abortion rights to the state ballot. This amendment would allow for abortions until around 24 weeks, in cases where the mother’s life is in danger, or to protect her physical or mental health.
The ruling by the Arizona Supreme Court to allow the enforcement of a near-total abortion ban in the state has ignited a fierce debate on reproductive rights and access to abortion. With the number of abortions expected to drop significantly, the impact on women in Arizona could be profound. Democrats and abortion rights advocates are working to reverse the ban through legal and legislative means, with the possibility of a constitutional amendment being put before voters. The future of abortion rights in Arizona remains uncertain, as the state grapples with the implications of this landmark decision on women’s health and reproductive freedom.
