Arizona Supreme Court Revives 1864 Abortion Law
Arizona’s Top Court Upholds Historic Abortion Ban
Arizona’s highest court has reinstated a law from 1864 that restricts abortion in nearly all cases, further limiting reproductive rights in a state already known for strict abortion regulations. The law previously prohibited abortions after 15 weeks of pregnancy.
Court Ruling and Implications
The Arizona Supreme Court, with a 4-2 decision, supported an anti-abortion obstetrician and a county prosecutor defending the law after the state’s Democratic attorney general refused to do so. The court emphasized that the state legislature had never officially authorized elective abortion.
Enforcement of the Law
The court lifted the stay on the 19th-century law but restricted its prospective enforcement. The decision allows local prosecutors to potentially enforce the law despite the attorney general’s stance against it.
Political and Legal Backlash
Democratic officials criticized the ruling as an attack on women’s freedom. President Joe Biden condemned the decision, labeling it as extreme and dangerous for women’s rights.
Potential Voter Intervention
Abortion rights advocates aim to challenge the law through a ballot measure in the upcoming election, seeking to establish the right to abortion in the state constitution until fetal viability. Similar measures have succeeded in protecting abortion rights in other states.
Legal History and Recent Developments
The case centers on a long-standing law from 1864 that criminalizes most abortions, dating back to a time when such procedures were illegal. Recent legislative actions have further restricted abortion access in Arizona, sparking legal battles and political controversies.
Opposing Views and Future Outlook
The court’s decision reflects a divided opinion on abortion rights, with legal challenges likely to continue. The debate over reproductive rights in Arizona underscores broader national tensions on the issue.
