The Arizona Supreme Court ruled Tuesday the state must adhere to a 160-year-old law barring all abortions except in cases when it is necessary to save a pregnant person’s life – a significant ruling that will make a Civil War-era abortion law enforceable in the state.
The law can be traced to as early as 1864 – before Arizona became a state – and was codified in 1901. It carries a prison sentence of two to five years for abortion providers – and it puts Arizona among the states with the strictest abortion laws in the country, alongside Texas, Alabama and Mississippi, where bans exist with almost no exceptions.
The state Supreme Court has delayed enforcement of the law for 14 days to give the plaintiffs an opportunity to pursue other challenges in a lower court if they wish to do so, including whether the law is constitutional. Arizona’s Attorney General Kris Mayes vowed, No woman or doctor will be prosecuted under this draconian law … as long as I am attorney general. Not by me, nor by any county attorney serving in our state. Not on my watch.
Since the US Supreme Court’s decision in June 2022, states have been navigating the landscape of abortion access and legality. The Arizona Supreme Court’s ruling is expected to have far-reaching consequences and has sparked outrage among reproductive rights advocates and officials.
Efforts are underway to challenge and potentially overturn the ruling, with the future of abortion rights in Arizona appearing uncertain. The decision has brought the ongoing national debate regarding reproductive rights back into the spotlight, prompting discussions about the rights of pregnant individuals, healthcare providers, and the role of the state.
As the situation continues to evolve, advocates and opponents of abortion rights are gearing up for a protracted battle in ensuring access to reproductive healthcare for individuals in Arizona and across the United States.
