Arizona Supreme Court Upholds 19th Century Near-Total Abortion Ban
In a significant ruling, the Arizona Supreme Court has upheld an 1864 law that imposes a near-total ban on abortions, except in cases where the life of the pregnant person is at risk. This decision supersedes a 2022 state law that had prohibited abortions after 15 weeks of gestation. The ruling means that performing an abortion, except to save the mother's life, is now a felony offense punishable by a prison sentence of two to five years. The law, which dates back to when Arizona was a territory and not yet a state, contains no exceptions for rape or incest.
The controversy stems from a conflict between the 1864 law and the more recent 15-week abortion ban. The recent ruling follows the U.S. Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which eliminated the federal constitutional right to abortion and returned the power to regulate the procedure to the states. This has led to legal uncertainty and intermittent abortion services in Arizona for months. The enforcement of the near-total ban will begin 14 days following the ruling.
Arizona Attorney General Kris Mayes criticized the ruling as "unconscionable" and a risk to the health and lives of Arizonans. There is an ongoing effort to place a measure on the November 2024 ballot, the Arizona Abortion Access Act, which seeks to protect abortion rights in the state constitution and allow the procedure until approximately 24 weeks of pregnancy. This initiative highlights the continuing debate and potential for future legal challenges regarding abortion access in Arizona.
