Arizona Supreme Court Upholds Civil War-Era Abortion Ban, Reflecting Governor’s Influence
In a recent decision that has sent shockwaves through Arizona, the state’s Supreme Court upheld a Civil War-era abortion ban, sparking a heated debate on the influence of Governor Doug Ducey on the court’s composition and decisions.
The split decision, which rejected arguments that the 160-year-old statute had been overshadowed by newer laws regulating abortion, including a recent ban after the 15th week of pregnancy, highlighted the impact of Governor Ducey’s tenure on the court. Since expanding the court from five to seven justices in 2016, Ducey has significantly shaped the court’s ideology, appointing justices with a more libertarian, prosecutorial, and conservative activist bent.
The four justices who formed the majority in the abortion case were all appointed by Ducey, while the two dissenting justices were appointed by his predecessor, Jan Brewer. The court’s makeup has raised concerns about the politicization of the judiciary, with critics pointing to the influence of conservative groups like the Federalist Society in shaping the court’s decisions.
The ruling comes at a critical time as the issue of abortion access is thrust into the spotlight following the overturning of Roe v. Wade by the U.S. Supreme Court. With states now taking the lead on regulating abortion, the composition of state courts, particularly in conservative-leaning states like Arizona, has become a focal point of attention.
As the debate rages on, the upcoming retention elections for justices on the Arizona Supreme Court, including Justice Clint Bolick and Justice Kathryn King, are expected to draw significant interest. With Arizona voters also considering a ballot initiative to enshrine the right to an abortion in the state constitution, the judicial races are likely to be closely watched and hotly contested.
The decision has reignited discussions about the role of the judiciary in shaping social policy and the need for a balanced and independent court system. As Arizona grapples with the aftermath of the ruling, the spotlight remains firmly on the state’s highest court and the implications of Governor Ducey’s legacy on its decisions.
