Arizona Supreme Court revives 1864 abortion ban, impacting reproductive rights

In a significant legal decision, the Arizona Supreme Court, on Tuesday, reignited the enforcement of a near-total abortion ban under a law dating back to 1864, a period well before Arizona achieved statehood and women were granted the right to vote. This ruling, decided by a 4-2 vote, pivots around the ancient statute, further constraining reproductive freedoms in Arizona where ending a pregnancy was previously prohibited past 15 weeks of gestation.

The court’s decision came as a response to actions by an anti-abortion obstetrician and a county prosecutor who advocated for the reinstatement of the Civil War-era statute. This move was countered by the Democratic Attorney General of Arizona, reflecting a deep political divide on this issue within the state. The ruling aligns with a broader national trend following the U.S. Supreme Court’s June 2022 decision, which overturned Roe v. Wade, essentially retracting federally guaranteed abortion rights and transferring the regulatory power back to individual states.

Justice John Lopez, appointed by a Republican governor like all current members of the state Supreme Court, articulated the court’s stance, emphasizing deference to legislative judgment on matters of elective abortion, which he stated lacks an affirmative right or independent authorization by the state’s legislature.

Despite the ruling, Arizona Attorney General Kris Mayes, a Democrat, publicly denounced the decision, affirming her refusal to prosecute under what she describes as a “draconian law.” Planned Parenthood Arizona also vowed to continue providing abortion services for a limited time, relying on a 2022 state court order that temporarily restrains the enforcement of the 1864 law.

The decision has sparked widespread political and public reactions, from President Joe Biden’s criticism of the ruling as reflective of an “extreme agenda” to California Governor Gavin Newsom’s offer of support for Arizonans seeking reproductive healthcare. Moreover, this development adds to the national conversation around abortion, as seen with recent legal adjustments in Florida and public statements by figures such as former President Donald Trump and abortion rights advocacy groups in Arizona.

Legal experts and political analysts are closely watching the aftermath of this ruling, especially given the potential for this issue to be brought before Arizona voters in a November ballot measure aimed at enshrining the right to abortion in the state constitution. This move could set a precedent, reflecting a broader national trend where abortion rights measures have seen success at the ballot box post-Roe.

As the state and the nation grapple with these developments, the conversation around reproductive rights, judicial interpretations, and legislative actions continues to evolve, underscoring the complex interplay between law, politics, and individual freedoms in America’s ongoing debate over abortion.