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In a historic ruling Tuesday, the Arizona Supreme Court ruled that the state must comply with a 160-year-old law that bans all abortions unless it is “necessary to save” the life of a pregnant person. It was decided that it would not. This is an important judgment in civil litigation. War-era abortion laws are enforceable in the state.
This law dates back to 1864, before Arizona became a state, and was codified in 1901. The law carries prison sentences of between two and five years for abortion providers, making Arizona one of the states with the strictest abortion laws. The country, along with Texas, Alabama and Mississippi, has nearly universal bans.
The state Supreme Court delayed enforcement of the law for 14 days to give the plaintiffs an opportunity to pursue other challenges in lower courts, including whether the law is constitutional if they wish.
“No woman or doctor will be prosecuted in this state under this strict law,” Arizona Attorney General Chris Mays said in a statement shortly after the verdict was announced.
“Today's decision to reimpose laws from a time when Arizona was not 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 said.
The 4-2 decision stems from a case that was revived after the U.S. Supreme Court rejected Roe v. Wade in June 2022, ruling that there was no longer a federal constitutional right to abortion. Arizona's former attorney general then moved to make the state's near-total abortion ban enforceable again, but family planning groups Arizona opposed it and a years-long legal challenge ended in Tuesday's ruling. It led to
“Physicians now recognize that all abortions except those necessary to save a woman's life are illegal,” the court's majority said in the ruling, adding that abortions performed after 15 weeks of pregnancy are illegal. It added that criminal penalties may apply.
Deputy Chief Justice Anne A. Scott Timmer also dissented, along with Chief Justice Robert M. Brutinell.
The case is the latest high-profile example of a battle over abortion access that has played out in multiple states since Roe v. Wade was overturned. Since the decision, nearly 20 states have banned or restricted access to the process. Health care providers warn that restrictive abortion access policies put patients at risk of poor health outcomes and doctors at risk of legal liability.
“A few weeks ago, I had an abortion, which was safe and legal here in Arizona because I wanted a pregnancy,” Arizona Sen. Eva Birch said at a news conference Tuesday. The pregnancy was unsuccessful.” “Someone took care of me. Someone took care of me so I wouldn't have to go through another miscarriage – the pain, confusion and discomfort. And now I… are debating whether or not the doctor should be sent to prison.
The state Supreme Court's decision would have “absolutely incredible consequences for patients in our community. I can't express it enough,” Dr. Gill said. Gibson, chief medical director for Planned Parenthood of Arizona, told CNN on Tuesday afternoon.
“Health care providers need to be able to care for patients without fear of legal repercussions or criminalization,” Gibson said.
Arizona Democratic Governor Katie Hobbs also slammed the ruling, telling residents: online video statement “The fight for our reproductive freedom is not over yet.”
“I have personally experienced the pain of losing a pregnancy and know that it is outrageous for the government to say that the best decision for your health and future can now be considered a crime. I know,” Hobbs said. “I will not stop fighting until reproductive health care rights are fully secured in our state.”
And President Joe Biden said in a statement: “Millions of Arizonans will soon live under even more extreme and dangerous abortion bans, which put women's health at risk and prohibit rape and incest.” Even in the event of such a tragic incident, women are not protected.”
Supreme Court justices heard opening arguments in the case last December, with abortion rights opponents arguing that states should revert to near-total bans and reproductive rights advocates asking the court to They called for support for a state law passed in 2017 that allows abortions up to 15 weeks.
Then-Republican Gov. Doug Ducey signed the law less than three months before the nation's highest court overturned Roe v. Wade. The 2022 law created exceptions for medical emergencies and required doctors to submit a report to the Arizona Department of Health Services for abortions performed after 15 weeks, but for rape. No exceptions were made for cases of incest.
When he signed the law in March 2022, Ducey said the 2022 law would not override the old law.
After the U.S. Supreme Court's ruling, the Arizona Court of Appeals ruled that both abortion laws in the state must be harmonized, or “harmonized,” if provided by a licensed physician in accordance with the state's other laws and regulations. The court ruled that abortion is legal up to 15 weeks. , CNN previously reported.
The state Supreme Court was asked for clarification after months of uncertainty and legal wrangling over which laws should apply in the state.
Meanwhile, Arizona for Abortion Access, a group of abortion rights groups, announced last week that it had gathered enough signatures for a November 2024 ballot measure asking voters to enshrine the right to abortion in the state constitution. .
The push is part of a larger effort in several states to put abortion on the ballot in 2024, a move that abortion rights advocates say would give voters some power rather than state courts. I hope he recovers.
This story has been updated with additional information.