An Arizona Supreme Court ruling banning the killing of a fetus in nearly all cases could lead to more permissive abortion laws. report show.
The verdict of 4-2 is Arizona Superior Court Tuesday happens as a result of it flipping Roe vs. Wade Almost two years ago, Arizona had two separate abortion laws on the books.
The first law was enacted in 1864, nearly 50 years before Arizona became a state.that law Performing an abortion or assisting a woman in obtaining an abortion is a felony, punishable by up to five years in prison.The law remained on record egg This decision legalized abortion nationwide in 1973, but it was no longer mandatory.
In 2022, a few months before that. dobbs decision was overturned egg, then-Gov. Republican Doug Ducey signed a 15-week ban. But the 15-week ban was “entirely premised” on the federal government’s right to abortion. egg, the state Supreme Court ruled this week. It also “does not independently approve abortion.” Therefore, the court effectively decided that the 2022 law will replace the 1864 law that bans abortion in all cases except when the mother’s life is in danger.
The court initially said the old statute was now “enforceable,” but then delayed implementation of the ruling for two weeks. It also sent the case back to the lower court for further clarification.
The state had already promised not to enforce the ban for at least 45 days. Democratic Attorney General Chris Mays also promised that “no woman or doctor will be prosecuted under this draconian law in this state.”
Meanwhile, pro-abortion activists have already begun collecting signatures for a state referendum that would make abortion for up to 24 weeks a “fundamental right.” If it signals similar referendums in other states, Arizona’s proposal is likely to gather enough signatures to qualify for the ballot in November and voters approve it. Probability is high.
Democrats certainly seem confident that the ruling will help energize their base this year. “There was an effort to gather signatures to codify abortion rights in the state, and we felt it would pass overwhelmingly,” said Democratic state Rep. Stephanie Stahl Hamilton. “I have no doubts now.”
“This decision takes away women’s right to make their own medical decisions in consultation with their doctors,” added Rep. Ruben Gallego (D-Ariz.), who is running for the U.S. Senate. She said: “We promise to fight this together. And with your help, we will win.”
Even Republicans have distanced themselves from the court’s ruling, appearing to follow former President Donald Trump’s lead in neutralizing the high-profile abortion issue. Kari Lake, who is running as a Republican against Gallego, argued that the 1864 law is “not in keeping with the views of Arizonans.” She also pledged to advance pro-life initiatives in the U.S. Senate, including those that protect IVF and make “adoption more accessible and affordable.”
Former Governor Ducey similarly said the ruling was “not what I had hoped for.” “I call on our elected leaders to listen to the will of the people and address this issue with policies that are actionable and reflective of their constituents,” he added.
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