Arizona Supreme Court Upholds 160-Year-Old Abortion Ban
In a groundbreaking ruling, the Arizona Supreme Court has given the green light for the state to enforce a 160-year-old near-total abortion ban. This law, dating back to 1864 before Arizona even became a state, carries penalties of two to five years in prison for those involved in abortions, with exceptions only for cases where the mother’s life is in danger.
This decision has far-reaching implications, potentially leading to the closure of all abortion clinics in the state and impacting women’s healthcare as well as the upcoming election. However, Arizona voters may have a chance to overturn this ruling through a November referendum.
The legal battle surrounding the enforcement of this ancient law has been ongoing for months, with conflicting opinions on its validity in light of more recent state legislation, such as a 2022 law allowing abortions up to 15 weeks of pregnancy. The Arizona Supreme Court agreed to review the case in August 2023 following an appeal by the Alliance Defending Freedom, a right-wing law firm.
In a narrow 4-2 decision, the state’s highest court overturned a previous ruling that favored the more recent legislation, stating that the 1864 law is now enforceable due to the lack of federal or state protections for abortion. This decision was met with celebration from anti-abortion activists, including the Alliance Defending Freedom.
Despite the ruling, the enforcement of the law remains uncertain, with Governor Katie Hobbs issuing an executive order placing the responsibility in the hands of State Attorney General Kris Mayes, who has assured that Arizonans will not face prosecution for seeking or providing abortions. Mayes condemned the law as “draconian” and criticized the court’s decision.
The ruling has sparked backlash from Democrats, including the White House, while some Republicans have also expressed concerns. The issue of abortion access is expected to play a significant role in the upcoming election, with activists already working on a ballot initiative to protect abortion rights up to 24 weeks of pregnancy in Arizona.
Since the overturning of Roe v. Wade, pro-abortion activists have been successful in winning ballot initiatives across the country, even in traditionally conservative states. The fight for reproductive rights continues, with Florida also gearing up for a referendum to expand abortion access. The battle over abortion rights is far from over. — BBC
