The Arizona Supreme Court has made a landmark decision to enforce a long-dormant law that bans nearly all abortions in the state. This law, dating back to before Arizona’s statehood, provides no exceptions for rape or incest and only allows abortions if the mother’s life is in jeopardy. The court’s decision suggests that doctors can be prosecuted under the 1864 law, though it was not explicitly stated in the majority opinion. The ruling overturned a lower court decision that had previously blocked enforcement of the law.
The law, enacted decades before Arizona became a state, orders prosecution for anyone who provides or administers any substances to procure a miscarriage, unless it is necessary to save the woman’s life. The Arizona Supreme Court indicated that physicians can be prosecuted under this law and stated that all abortions, except those necessary to save a woman’s life, are now illegal. The law carries a sentence of two to five years in prison upon conviction, and enforcement will not begin for at least two weeks.
The ruling has political implications as it puts abortion access at the forefront of the 2024 presidential election and the battle for partisan control of the U.S. Senate. Democrats have reacted strongly to the ruling, blaming former President Donald Trump for appointing the justices who ended the national right to abortion. President Joe Biden and his allies are focused on restoring abortion rights, while Trump has avoided endorsing a national abortion ban. This decision will give Arizona the strictest abortion law among the top-tier battleground states.
Calls for action have been made following the ruling, with Arizona Governor Katie Hobbs urging the state Legislature to repeal the ban. The enforcement of the ban is expected to significantly reduce the number of abortions in Arizona, with about 1,100 being performed monthly. Abortion rights advocates have also begun efforts to ask Arizona voters to create a constitutional right to abortion, which would guarantee abortion rights until a fetus can survive outside the womb, typically around 24 weeks. The amendment would also allow later abortions to protect the mother’s health.
In the midst of this legal and political battle over abortion access in Arizona, the state is likely to see significant changes in its reproductive healthcare landscape. The enforcement of the long-dormant law banning nearly all abortions has raised concerns and prompted calls for action from various stakeholders. As the state prepares for a potential shift in reproductive rights, the impact of these decisions will be closely watched by advocates and lawmakers alike.
