- The Arizona Supreme Court has given the go-ahead for a law banning nearly all abortions.
- The long-dormant law, which predates Arizona’s enactment, allows abortion only if the mother’s life is in danger.
- Democratic Gov. Katie Hobbs called for the ban to be repealed.
PHOENIX (AP) — The Arizona Supreme Court has issued a landmark ruling that gives the go-ahead for implementation of a long-dormant law that bans nearly all abortions, dramatically changing the legal landscape of abortion in the state. changed the target.
Laws enacted before Arizona’s enactment allow abortion only if the mother’s life is in danger, with no exceptions for rape or incest. The Arizona Supreme Court indicated that the doctor could be prosecuted under the 1864 law, but the opinion written by the court’s majority did not specify that.
Arizona Supreme Court upholds near-total abortion ban
Tuesday’s ruling reversed an earlier lower court ruling that concluded that doctors who perform abortions within the first 15 weeks of pregnancy are not guilty.
This file photo shows Selina Washburn participating in a protest to express opposition to the abortion ruling outside the Arizona State Capitol in Phoenix on September 23, 2022. The Arizona Supreme Court ruled Tuesday, April 9, 2024, that the state can enforce the state’s long-dormant law criminalizing all abortions unless the mother’s life is in danger. handed down the verdict. (AP Photo/Matt York)
How we got here
This law was enacted decades before Arizona became a state on February 14, 1912. Shortly after the U.S. Supreme Court handed down Roe v. Wade in 1973, guaranteeing a constitutional right to abortion, a court in Tucson blocked enforcement.
After the U.S. Supreme Court overturned the landmark Roe decision in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, lifted an injunction blocking enforcement of the 1864 Prohibition. We successfully requested this from a state judge.
The state appellate court blocked the law after Mr. Brnovich’s Democratic successor, Attorney General Chris Mays, asked the state high court to uphold the appeals court’s ruling.
Who can be prosecuted under the 1864 Act?
The law states: “Providing, supplying or administering, or arranging for the ingestion of, any drug, drug or substance to a pregnant woman, or using any instrument or other means, or It has ordered the prosecution of those who use it. Unless it is necessary to save the life of such a woman. ”
The Arizona Supreme Court suggested in Tuesday’s ruling that doctors could also be prosecuted, but the justices did not explicitly state that.
“Given this opinion, physicians now recognize that all abortions are illegal except those necessary to save a woman’s life,” the ruling said. The judges noted that additional criminal and regulatory sanctions may apply to abortions performed after 15 weeks of pregnancy.
The law carries a sentence of two to five years in prison if convicted. Lawyers for Planned Parenthood of Arizona said they believe the criminal penalties apply only to doctors.
The high court said the execution would not begin for at least two weeks. But the plaintiffs argue that if a judge upholds the pre-state ban, they could be given up to two months under an agreement in a related case to delay enforcement.
presidential election politics
The ruling puts the issue of abortion access front and center in battleground states for the 2024 presidential election and partisan control of the U.S. Senate.
Democrats immediately slammed the ruling, accusing former President Donald Trump of eroding abortion access by appointing justices who formed the majority that ended the nation’s abortion rights.
President Joe Biden and his allies have emphasized efforts to restore abortion rights, but President Trump has avoided supporting a national abortion ban, warning that the issue could lead to losses for the Republican Party. did. The decision leaves Arizona with the strictest abortion laws of any battleground state.
Kali Lake, a staunch Trump ally and anti-abortion opponent, is challenging Democratic Rep. Ruben Gallego for the Senate seat currently held by Sen. Kyrsten Sinema, who is not seeking a second term. .
What’s next?
Arizona Governor Katie Hobbs called on the state Legislature to repeal the ban.
“We could do that today,” she said Wednesday in an interview on “CBS Morning.”
“They could givel today and file a motion to repeal this ban,” Hobbs said. “And they should do that. I hope they do, because this would have devastating consequences for Arizona.”
Under the near-total ban, the number of abortions in Arizona is expected to drop significantly from about 1,100 per month, according to a study by the Planned Parenthood Association.
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This summer, abortion rights groups began pushing Arizona voters to create a constitutional right to abortion. If supporters collect enough signatures, Arizona will become the latest state to bring reproductive rights issues directly to voters.
The proposed constitutional amendment would guarantee abortion rights until the fetus is viable outside the womb, usually around 24 weeks. It would also allow subsequent abortions to save the mother’s life or protect her physical or mental health.
