n a landmark ruling, Arizona’s highest court recently upheld a long-standing law, dating back to 1864, that prohibits nearly all abortions. We have Donald Trump to thank for that. Trump brags about the fact that he had overturned Roe V Wade and now women’s health is seriously on the line. The ruling could have far-reaching implications, not only for women’s healthcare but also for the political landscape in the key battleground state.
The Decision
The state Supreme Court ruled that Arizona should adhere to the law, which bans abortion from the moment of conception, except when necessary to save the life of the mother. There are no exceptions for rape or incest. Under this law, doctors performing abortions may face fines and imprisonment of two to five years.
The court has, however, placed its ruling on hold, allowing for additional arguments about the law’s constitutionality in a lower court. This means that abortions may continue to be performed during this period. Planned Parenthood Arizona, the state’s largest abortion provider and the plaintiff in the case, stated it plans to continue providing abortions for as long as it is allowed.
A Pre-Statehood Law
The law, enacted before Arizona achieved statehood, was put on hold for decades due to the U.S. Supreme Court’s 1973 Roe v. Wade decision, which guaranteed the constitutional right to an abortion nationwide. But with the overturning of Roe v. Wade in June 2022, the legal landscape changed dramatically, leading to renewed attention to the dormant law.
Arizona’s Supreme Court ruled that the state should adhere to its 1864 law, arguing that subsequent state laws regulating and limiting abortion did not create a right to abortion. The court wrote, “Because the federal constitutional right to abortion that overrode § 13-3603 no longer exists, the statute is now enforceable.”
Political Implications
The court’s decision has sent shockwaves through the political landscape. Democrats have decried the decision, calling it a “stain” on Arizona that could endanger women’s lives. Some Republicans, wary of the political fallout, have also criticized the decision and called for a repeal of the 1864 law.
The ruling may also have significant implications for the upcoming elections. Democrats are hopeful that the issue will galvanize their supporters, who have already launched a campaign to add a state constitutional right to abortion to the ballot in November.
Reaction from the White House
President Joe Biden criticized the ban as “cruel” and called on Congress to pass federal abortion protections. In a statement, he said, “Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest.”
Vice President Kamala Harris is also scheduled to visit Tucson for an event focusing on “reproductive freedom.”
National Abortion Landscape
Following the reversal of Roe v. Wade, abortion laws have varied widely across the U.S. Fourteen states currently ban abortion with very limited exceptions, according to the Guttmacher Institute, a group that supports abortion rights. Another 15 states protect abortion rights in various ways. This November, there are efforts in about a dozen states, including Arizona, to add a question to voters’ ballots supporting abortion rights.
The Road Ahead
While the court’s ruling is a significant setback for abortion-rights supporters, the fight is far from over. The court’s decision to put its ruling on hold provides some breathing room for legal challenges. Meanwhile, Democratic lawmakers and abortion-rights activists are exploring new legal strategies and tactics to delay the implementation of the law.
The fight over abortion rights in Arizona is emblematic of the broader national struggle over reproductive rights. As states continue to pass restrictive abortion laws, the issue is likely to remain a key political flashpoint in the months and years to come.
Key Players
Key players in this ongoing battle include the Arizona Supreme Court, the state’s attorney general, Kris Mayes, Gov. Katie Hobbs, Planned Parenthood Arizona, and several state lawmakers. All will play crucial roles in the next phase of this contentious issue.
Impact on Women’s Healthcare
The reinstatement of the 1864 law could drastically reduce the number of abortions performed in Arizona, forcing women to travel to neighboring states such as California, New Mexico, or Colorado to terminate their pregnancies if they are fortunate enough to have the means to travel.
Legal Challenges
The fight over the 1864 law has been a long and complicated one, involving various legal challenges and interpretations. The coming months will likely see even more legal wrangling as opponents of the law seek to challenge its constitutionality.
Public Opinion
Polls suggest that the court’s ruling is at odds with public opinion in Arizona. Only 7 percent of Arizona voters support an outright abortion ban with no exceptions, according to a recent poll conducted by YouGov.
The Arizona Supreme Court’s decision to uphold the 1864 law marks a significant moment in the ongoing battle over abortion rights in the U.S. The ruling could have far-reaching implications, not only for women’s healthcare but also for the political landscape in a key battleground state. As the nation continues to grapple with the issue of abortion, the outcome in Arizona could set a precedent for other states considering similar laws.
It is time that we stop letting middle age white men decide what is right for women’s bodies.
You can not be pro-choice and vote for republicans.
