Arizona’s highest court has reinstated a historic ban on nearly all abortions, originating from a statute dating back to 1864, a period preceding statehood and women’s suffrage.
This decision adds further constraints on reproductive rights in a state where termination of pregnancy was previously restricted to 15 weeks of gestation.
The Arizona Supreme Court, with a 4-2 majority, supported the implementation of the Civil War-era law following advocacy by an anti-abortion obstetrician and a county prosecutor.
The ruling comes after the U.S. Supreme Court‘s conservative majority overturned the historic Roe v. Wade decision in June 2022, empowering states to enact such bans.
Justice John Lopez, appointed by a Republican governor, emphasized the legislature’s authority in shaping abortion policies, prompting the court to greenlight enforcement of the 19th-century law. However, the implementation remains temporarily halted for 14 days to address any lingering legal concerns.
Despite the court’s decision, Arizona Attorney General Kris Mayes, a Democrat, denounced the ruling as “unconscionable,” affirming her refusal to prosecute under the antiquated law.
Planned Parenthood Arizona vows to continue offering abortion services, citing a prior court order delaying enforcement of the 1864 statute.
President Joe Biden condemned the decision, highlighting its impact on women’s freedoms and signaling a potential electoral backlash against Republican initiatives targeting abortion rights.
While Arizona grapples with this contentious issue, voters may have the final say through a ballot measure aimed at safeguarding abortion rights in the state constitution.
