Arizona’s highest court recently made a decision that could have significant implications for women’s health care and politics in the state. The court upheld an 1864 law that bans nearly all abortions, except in cases where the mother’s life is at risk. This law, which predates Arizona’s statehood, outlaws abortion from the moment of conception and makes no exceptions for rape or incest.
The ruling, which is not immediately in effect, has sparked a debate over the future of abortion rights in Arizona. The court has put its decision on hold for now and sent the matter back to a lower court to hear additional arguments about the law’s constitutionality. This means that it will likely be weeks before the law goes into effect, allowing abortion providers to continue their services for the time being.
The enforcement of the law remains uncertain, as Arizona’s attorney general, Kris Mayes, has stated that she will not prosecute doctors for providing abortions. This could lead to a legal battle between Democratic officials and Republican prosecutors and abortion opponents. The ruling may also prompt clinics in the state to stop providing abortions, leading women to seek services in neighboring states.
However, there is still a possibility for the ban to be overturned. State legislators could repeal the law or voters could overturn it in November through a ballot measure. The proposed measure would enshrine abortion access until about 24 weeks into the State Constitution, aligning with the standard set by Roe v. Wade.
The outcome of this ruling could have significant implications for the 2024 election in Arizona. Democrats have already begun using the issue of reproductive rights to galvanize their supporters, while Republicans are facing criticism for their stance on the near-total abortion ban. The debate over abortion rights is expected to play a key role in races up and down the ballot in the upcoming election.
