Arizona SC Reinstates 1864 Law And It Bans Nearly All Abortions

On April 9, 2024, Arizona's Supreme Court reinstated an archaic law dating back to 1864, effectively banning abortions across all stages of pregnancy, except for situations where a woman's life hangs in precarious balance. This decision positions Arizona among the select few states—a mere 15—that have chosen the path of near-total prohibition on abortion procedures.

The 160-Year-Old Abortion Ban

The law in question predates Arizona's statehood, dating back to 1864, and stands as a relic of a bygone era. Its uncompromising stance on abortion, devoid of exceptions for cases of rape or incest, stresses the deeply entrenched ideological divisions surrounding reproductive rights in American society.

The court comprised entirely of Republican-appointed justices, voted 4-to-2 to uphold the 1864 law, signaling a noteworthy change in the abortion-related legal framework in Arizona. Following this ruling, physicians are required to abstain from conducting abortions unless the mother's life is in imminent danger. While the enforcement directive is scheduled to come into effect after a grace period of two weeks, stakeholders indicate that this timeline could potentially extend to as long as two months, contingent upon further examination of the law's constitutionality by a lower court.

At the heart of the conversation is the groundbreaking Supreme Court ruling of Roe v. Wade, which established abortion rights as a crucial element of women's reproductive freedom. Yet, in recent times, there has been a concerted push to undermine this constitutional precedent. The decision by the Arizona Supreme Court serves as a clear example of the growing threats to reproductive rights. 

With the implementation of a near-total ban, it's projected that the number of abortions in the state will significantly decrease, potentially dropping from approximately 1,100 monthly, as estimated by a survey for the Society of Family Planning, to nearly zero. This prediction is drawn from experiences in other states that have enacted bans on abortion at all stages of pregnancy. 

Historical Context 

The law in question has deep historical roots, dating back to a time over half a century before Arizona gained statehood and women secured the right to vote. This relic from the Civil War era has emerged as a contentious issue in today's fight for reproductive rights. The law, established in 1901, imposes a prison term of two to five years for abortion providers. With the recent ruling, Arizona joins the ranks of states with some of the strictest abortion laws in the nation, alongside states such as Texas, Alabama, and Mississippi.

The recent decision by the Arizona Supreme Court, with a 4-2 majority in favour of reinstating the ban, highlights the advancing legal outlook following the U.S. Supreme Court's overturning of Roe v. Wade in 2022.

Justice John Lopez, speaking for the majority, stressed the importance of legislative authority and constitutional responsibility in the court's ruling. By delegating power to the legislature, the decision points to the absence of a clear legislative mandate supporting elective abortion rights.

Political and Social Reactions

Predictably, the court's verdict has sparked strong political criticism and public uproar. Democrats wasted no time in condemning the ruling, labelling it a danger to women's rights and safety. Even among Republicans, there are dissenting voices expressing unease with the decision, acknowledging its possible impact on upcoming elections, and advocating for legislative measures to review or overturn the ban.

President Joe Biden characterized the ruling as indicative of an "extreme agenda" pushed by Republican officials, expressing worry about its potential effects on women's freedoms. California Governor Gavin Newsom promised support for reproductive healthcare access, positioning California as a sanctuary for individuals affected by restrictive measures in neighbouring states.

Arizona Attorney General Kris Mayes, a Democrat, strongly criticized the decision as "unconscionable" and pledged not to enforce it, echoing sentiments shared by many pro-choice advocates. “No or doctor will be prosecuted under this draconian law … as long as I am attorney general. Not by me, nor by any county attorney serving in our state. Not on my watch. Today’s decision to reimpose a law from a time when Arizona wasn’t a state, the Civil War was raging, and women couldn’t even vote will go down in history as a stain on our state,” she pledged in a statement .

However, the debate surrounding abortion rights in Arizona may extend far beyond the courtroom, as advocates gear up to challenge the ruling through voter initiatives. A proposed ballot measure aims to cement the right to abortion in the state constitution, potentially reshaping the course of reproductive rights in Arizona.  Arizona Senator Eva Burch, who recently disclosed her own abortion experience, denounced the decision and emphasized the ongoing fight for reproductive rights, “The fight for reproductive rights is not over in Arizona,” she said, referring to a statewide petition campaign to put the issue on the ballot this fall. “This moment must not slow us down.”

According to AP VoteCast, in the 2022 midterm elections, six out of every ten Arizona voters expressed support for ensuring nationwide access to legal abortion.

Impact on Women's Healthcare, Healthcare Providers and Advocates

The reinstatement of the near-total abortion ban has major implications for women's healthcare access in Arizona. If abortion clinics within the state close down, women might have to travel to neighbouring states for these services, which could bring about logistical hurdles and worsen disparities in access to reproductive care. Critics warn that implementing strict abortion laws may drive women towards unsafe practices, putting their lives at risk. On the other hand, supporters of the ruling argue that it prioritizes the sanctity of human life and shields women from potential physical and emotional harm associated with abortion.

The verdict also presents considerable hurdles and uncertainties for healthcare providers and advocates of abortion rights. With physicians facing the prospect of legal consequences for opposing the ban, the future of reproductive healthcare in Arizona is on shaky ground, carrying implications that could reach beyond state lines.

While Arizona's abortion law has ramifications within the state, it can also stretch beyond its borders, influencing ongoing discussions about reproductive rights across the nation. In light of the recent Supreme Court decision to overturn Roe v. Wade, states are facing new challenges in regulating abortion, resulting in varying strategies and increased legal conflicts.