Arizona Court Upholds 19th-Century Abortion Law
The recent ruling by the top court in Arizona has reignited the debate on reproductive rights in the state. Here are the key points from the decision:
Background
- The 1864 law in Arizona prohibits almost all abortions, with no exceptions for cases of rape or incest. The only exception is when the mother’s life is at risk.
- Abortion was already banned in the state starting at 15 weeks of pregnancy.
Arizona Supreme Court’s Decision
The Arizona Supreme Court, with a 4-2 majority, ruled in favor of enforcing the 1864 law. This decision allows the state to criminalize nearly all abortions.
The court’s ruling came after a review of a 2022 decision by the state Court of Appeals, which previously stated that doctors could not be charged for performing abortions within the first 15 weeks of pregnancy.
Anti-abortion obstetrician Eric Hazelrigg and Republican Yavapai County Attorney Dennis McGrane supported the defense of the law, as the state’s attorney general had declined to do so.
Legal Context
The enforcement of the 19th-century law has been a long-standing issue, with attempts to revive it over the years. The law was originally blocked following the 1973 Roe v. Wade ruling by the US Supreme Court, which established the constitutional right to abortion.
However, after the overturning of Roe v. Wade in June 2022, many Republican-led states, including Arizona, have introduced new restrictions on abortion.
Implications
The revived law not only allows Arizona to ban almost all abortions but also imposes a penalty of up to five years in prison for those involved in the procedure, aligning with the 19th-century legal framework.
Currently, 14 out of the 50 US states have implemented bans on abortion across all stages of pregnancy, with some exceptions.
Reactions
Arizona Attorney General Kris Mayes, a Democrat, criticized the ruling as “unconscionable and an affront to freedom.” She stated that she would not prosecute any individual under the revived law.
Pro-choice activists have mobilized against the decision, aiming to secure a vote in November to protect the right to abortion until fetal viability through a constitutional amendment.