Arizona’s Supreme Court has made a ruling, stating that a 158-year-old law regarding a near-total abortion ban is now enforceable in the state.
In a surprising and controversial ruling, the state’s supreme court has upheld a long-standing law that criminalizes abortions. This Civil War-era law, which carries severe penalties, including prison time, applies to both individuals seeking an abortion and those who assist them. However, there are limited exceptions that allow for the procedure if it is necessary to save the life of the woman involved.
The state’s supreme court has been considering whether to revive a law that was implemented 50 years prior to Arizona becoming a state, or to enforce a more recent law from 2022 that prohibits abortions after 15 weeks, unless it is deemed medically necessary to save a woman’s life.
The ban will be implemented in two weeks.
According to anti-abortion advocates, there is a conflict in the language of the two laws, and they believe that the state should abide by the 1864 law.
The opinion was highly anticipated in the swing state, given the significance of abortion as a crucial issue for voters in November. Democrats and Republicans have both taken advantage of the abortion debate to champion their respective party’s candidates.
President Joe Biden has taken a firm stance in support of abortion rights, holding Republicans accountable, including former president Donald Trump, for the removal of federal protections.
In a statement, he criticized Tuesday’s ruling as a product of the “extreme agenda” of Republican elected officials who are determined to strip away women’s freedom. He pledged to persist in his efforts to safeguard reproductive rights.
In the meantime, Mr. Trump has maintained a delicate stance on abortion. Recently, he boasted about his role in overturning the landmark Supreme Court decision, Roe v Wade, yet he stopped short of endorsing a nationwide ban. Instead, he believes that the matter should be decided at the state level.
Arizona voters may have the opportunity to vote on a proposed amendment in November, which aims to safeguard the right to abortion for up to 24 weeks.
Access to abortion in Arizona became and has remained uncertain for medical providers and individuals seeking abortion since the US Supreme Court overturned Roe v. Wade in 2021.
When the Roe decision was overturned, the 1864 law came into effect. Planned Parenthood Arizona questioned the ruling, and the state appellate court upheld the 15-week ban. This sparked a discussion regarding which law should be given priority.
The majority wrote that the legislature did not explicitly state that intent in any statute or session law, and it is not appropriate to speculate about what it would have done.
The Arizona justices have ruled in favor of sending the case, known as “Planned Parenthood v Mayes,” back to the lower courts for additional litigation.
According to Angela Florez, the President and CEO of Planned Parenthood Arizona, the recent ruling is a major setback that takes Arizona almost 150 years back. She further expresses concern that this decision will have long-lasting negative effects on our communities.
