The Arizona Supreme Court has affirmed that the state has the authority to enforce a nearly 160-year-old abortion ban.
This law, dating back to 1864 before Arizona attained statehood, mandates penalties of two to five years in prison for abortion, except in cases where the mother’s life is at risk.
The court’s decision has the potential to close all abortion clinics in the state, impacting women’s healthcare and influencing the upcoming Elections Arizona voters might have the opportunity to reverse the ruling through a November referendum.
After months of legal debates regarding the enforceability of the pre-statehood law, which had remained dormant for years, the decision has finally been made.
Many contended that decades of state legislation, including a 2022 law permitting abortions up to 15 weeks of pregnancy, had essentially nullified it.
In August 2023, Arizona’s highest court agreed to examine the case following an appeal by a right-wing law firm, Alliance Defending Freedom, challenging a lower court’s ruling that favored the more recent law.
In a 4-2 ruling issued on Tuesday, the state supreme court reversed the previous decision, asserting that the 1864 law is now enforceable due to the absence of federal or state protections for the procedure.
The Alliance Defending Freedom, along with anti-abortion activists, celebrated the decision, describing it as “significant” and stating that it would “protect the lives of countless, innocent unborn children.”
However, Arizona’s Supreme Court temporarily postponed enforcement of the law for 14 days. Additionally, the justices directed the case back to a lower court to hear additional arguments.
Enforcement of the law remains uncertain
Governor Katie Hobbs, a Democrat, issued an executive order last year, delegating the responsibility of enforcing abortion laws to State Attorney General Kris Mayes, also a Democrat.
Mayes has vowed that Arizonans will not face prosecution for obtaining or performing abortions. She reiterated this promise on Tuesday, describing the law as “draconian.”
“Today, she mentioned that bringing back a law from way back when Arizona wasn’t even a state, during the Civil War, and when women didn’t have the right to vote, will be remembered as a dark mark on our state.”
Public Reaction to the law
The White House and other top Democrats quickly criticised the move. Even some Arizona Republicans shared worries about this decision.
Kari Lake, who’s a strong supporter of Donald Trump and a Republican running for the US Senate seat in the state, made it clear that she disagrees with the ruling.
She called Governor Hobbs and the state legislature to come up with a “common sense solution”.
Ruben Gallego, who’s Ms. Lake’s Democratic opponent, pointed out that Ms. Lake had previously supported the ban, referring to a 2022 interview where she praised the 1864 law as “great”.
Mr. Gallego added that today’s ruling is heartbreaking for Arizona women and their families.
The owner of an abortion clinic in Phoenix mentioned that the state is regressing in time.
Gabrielle Goodwick from Camelback Family Planning expressed concerns that this change would impact marginalised populations the most.
Election knock-on effect
Abortion access, which is widely backed by the American public, has been a key factor in recent local and state elections post the Supreme Court decision.
This issue is set to impact election results once more in November, with Democrats eyeing it as a potential boost in battleground states like Arizona.
Tuesday’s ruling will definitely up the ante for a state ballot initiative seeking to safeguard abortion rights up to 24 weeks of pregnancy.
Activists in Arizona have confirmed they’ve gathered enough signatures to present the issue to voters this fall.
Marjorie Dannenfelser, from the anti-abortion group Susan B Anthony Pro-Life America, mentioned her intention to oppose the referendum and celebrated a significant win after the state supreme court’s ruling.
In the almost two years since Roe was overturned, activists supporting expanded abortion access have triumphed in all seven ballot initiatives on the issue, even in Republican-controlled states.
Just last week, Florida’s Supreme Court gave the green light to another abortion referendum.
If approved, Florida voters would repeal the state’s six-week ban and guarantee broad abortion access in the state to constitution.
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