The Arizona Supreme Court has upheld a century-and-a-half-old law criminalizing nearly all abortions, dealing a severe blow to reproductive rights and freedoms in the state. The ruling, passed in a 4-2 decision, has reignited the heated debate surrounding abortion access and raised concerns about the erosion of women’s rights.
The law, dating back to 1864, threatens to dismantle existing protections for pregnant individuals seeking abortions by imposing stringent restrictions and harsh penalties on healthcare providers.
Under the draconian measure, abortions would only be permissible in cases where the life of the pregnant person is at risk, leaving little room for exceptions or compassion.
This regressive legislation would supersede a previous 15-week abortion ban, effectively pushing Arizona back into an era of restricted reproductive autonomy. Making matters even worse, healthcare providers found in violation of the law could face imprisonment ranging from two to five years.
Despite the temporary stay granted for additional arguments to be heard, if the law goes into effect, nearly all abortions will be illegal. Planned Parenthood Arizona has vowed to continue providing abortions up to the 15-week mark for an unspecified amount of time.
Furthermore, the ruling of the Arizona Supreme Court has sparked outrage and condemnation from reproductive rights advocates, who view it as a blatant infringement on bodily autonomy and a regression of progress.
Attorney General Kris Mayes, a Democrat, called the ruling “unconscionable” and “an affront to freedom.” During her term she also stated, “no woman or doctor will be prosecuted under this draconian law in this state.”
Moreover, a coalition called Arizona for Abortion Access is actively advancing a ballot initiative. This initiative aims to empower voters to decide on the inclusion of language in the state’s constitution, ensuring access to abortion up to 24 weeks of pregnancy.
Under the proposed initiative, exceptions may be granted beyond the 24-week threshold if a healthcare provider deems that an abortion is necessary to safeguard the life or physical and mental well-being of the pregnant individual.
The ruling has also drawn scrutiny on a national scale, with President Joe Biden and Vice President Kamala Harris condemning the decision as an assault on women’s rights.
“This cruel ban was first enacted in 1864—more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote,” Biden said. “This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.”
Harris said, “President Biden and I are doing everything in our power to stop Trump and restore women’s reproductive freedom, but it is going to take all of us.”
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