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Wed, Apr 02 | 1:28 am

Arizona Supreme Court Upholds 1864 Abortion Ban, Sparking Fierce Debate and Political Maneuvering

by | Apr 11, 2024

In a significant decision with far-reaching implications, the Arizona Supreme Court has upheld a 1864 law banning almost all abortions in the state. The ruling has reignited the heated debate over abortion rights and access, positioning Arizona as a pivotal battleground in the ongoing national discourse.

The law, originally passed before Arizona attained statehood and largely dormant since Roe v. Wade legalized abortion nationwide in 1973, prohibits most abortions except when necessary to save the life of the pregnant woman. While the court allowed the law to go into effect, enforcement has been temporarily delayed for 14 days to allow advocates to seek further legal recourse.

Despite the ruling, Arizona’s Democratic Attorney General, Kris Mayes, declared her intention not to prosecute doctors or women under the 1864 ban. She condemned the decision as a regressive step backward in women’s rights, characterizing it as a historical stain on the state.

The ruling has galvanized efforts by abortion rights supporters to enshrine abortion rights into the state constitution through a ballot measure slated for November’s elections. The measure seeks to affirm the fundamental right to abortion in Arizona and safeguard access to reproductive healthcare up to approximately 24 weeks of pregnancy.

In response to the court’s decision, Arizona Governor Katie Hobbs, a Democrat, lamented it as a “dark day” for the state and urged abortion rights supporters to mobilize in the upcoming elections. Hobbs reaffirmed her commitment to preserving access to reproductive care and issued a defiant challenge to potential legal challenges to her executive orders protecting abortion rights.

Meanwhile, the ruling has ignited a firestorm on the campaign trail, with Democratic Senate candidate Ruben Gallego condemning the law as extremist and vowing to protect abortion rights at the federal level.

As Arizona emerges as a focal point in the national debate over abortion, the decision’s implications extend beyond state borders. Abortion providers, such as Planned Parenthood Arizona, have pledged to continue offering services within the confines of the law, underscoring the critical role Arizona plays in providing access to reproductive healthcare for individuals from neighboring states.

Ultimately, the ruling sets the stage for a contentious electoral battle in November, with the fate of abortion rights in Arizona hanging in the balance.

Tags:abortion | arizona

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