The state Supreme Court’s long-awaited ruling on Tuesday has upholding an abortion ban in Arizona, reverting back to a law enacted in 1864.
In December 2022, the state’s top court overturned a previous ruling from the appeals court which stated that physicians were not subject to prosecution under the pre-statehood abortion ban.
The new ruling in Arizona states that, with the exception of saving the mother’s life, performing an abortion will now be considered illegal. This ban will be enforced after 14 days from the date of the ruling.
The appeals court decision had allowed abortion to be legal in Arizona for up to 15 weeks of pregnancy. The state Supreme Court had been anticipating the ruling since they heard arguments four months ago.
The decision came as a surprise to Arizona officials who support the right to abortion.
Attorney General Kris Mayes, the leader in the state whose responsibility is to uphold the laws of Arizona issued the following statement on the Arizona Supreme Court’s decision:
“The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. The Arizona Court of Appeals decision, which the Supreme Court has struck down today, was well reasoned and aligned with how courts harmonize different legislation.
Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state. This is far from the end of the debate on reproductive freedom, and I look forward to the people of Arizona having their say in the matter. And let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”
Arizona Governor Katie Hobbs, she is also committed to ensuring that the right to reproductive health care is fully protected in the state. She is determined to continue fighting until this goal is achieved, and she has announced she will not rest until it is secured.
It is highly probable that Arizona residents will have their say on the topic of abortion legislation during the upcoming November elections. The Arizona Abortion Access Act is expected to be on the ballot in November, giving voters the opportunity to voice their opinions.
The suggested amendment to the constitution would ensure that abortion rights are protected until the point at which a fetus can sustain life outside of the womb, which is typically at 24 weeks of pregnancy. It would also permit later abortions in cases where the mother’s life is at risk or to safeguard her physical or mental well-being.
Earlier this month, the organizers announced that they had gathered over 500,000 signatures. In order for the measure to qualify for the Nov. 5 ballot, it requires a minimum of 383,923 valid signatures by July 3.
How was the Arizona Supreme Court’s ruling on abortion divided?
The Arizona Supreme Court’s decision on Tuesday was a divided one, with a vote of 4-2. The majority consisted of Justices John Lopez, Clint Bolick, James Beene, and Kathryn King, while Chief Justice Robert Brutinel and Vice Chief Justice Ann Scott Timmer dissented.
The case was previously recused by Justice Bill Montgomery due to concerns about his impartiality. Before joining the state high court, he publicly expressed his opposition towards Planned Parenthood, raising doubts about his ability to remain unbiased.
