The Arizona Supreme Court has on Tuesday, revived a ban on nearly all abortions under a law dating back to 1864, a move that has ignited a fierce debate over reproductive rights in the state.
The ruling, which was passed with a 4-2 majority, comes as a significant blow to abortion rights advocates, further restricting access to abortion in a state already known for its stringent abortion laws.
The court’s decision stemmed from a case brought forward by an anti-abortion obstetrician and a county prosecutor, who pushed for the implementation of the Civil War-era statute.
Despite objections from the Democratic attorney general, the court ruled in favor of enforcing the historic law, which prohibits abortions except in cases to save the woman’s life, with penalties of up to five years in prison for violators.
Justice John Lopez, writing for the majority, emphasized that the state legislature had never explicitly authorized elective abortion, highlighting the court’s duty to defer to legislative judgment.
The ruling allows for the prospective enforcement of the 19th-century law, with a temporary stay of implementation to address any remaining legal issues.
Arizona Attorney General Kris Mayes condemned the decision as “unconscionable,” pledging not to prosecute any individuals under the “draconian law.”
However, local prosecutors retain the authority to enforce it, raising concerns among abortion rights activists about potential repercussions for healthcare providers and women seeking abortion services.
The ruling comes in the wake of the conservative-leaning U.S. Supreme Court’s overturning of the landmark Roe v. Wade decision in 2022, granting states greater autonomy to enact restrictive abortion laws.
President Joe Biden condemned the Arizona ruling as a reflection of the “extreme agenda” of Republican officials, warning of its detrimental impact on women’s freedom and healthcare access.
In response to the court’s decision, Planned Parenthood Arizona affirmed its commitment to providing abortion services, citing a state court order barring immediate enforcement of the 1864 law.
However, the organization faces uncertainty as legal challenges persist, potentially jeopardizing access to reproductive healthcare for women across the state.
The ruling has reignited calls for action, with abortion rights advocates pushing for a ballot measure to enshrine the right to abortion in the state constitution.
Chioma Kalu
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