Arizona's abortion ban explained. What's happening and what's next for the 2024 elections
The Arizona Supreme Court on Tuesday upheld a law dating to 1864 that effectively bans abortions under most circumstances and punishes doctors who provide them.
After the U.S. Supreme Court overturned Roe v. Wade in 2022, the exact parameters for abortion in Arizona were unclear. Months before, then-Gov. Doug Ducey, a Republican, had signed a law that limited abortions to the first 15 weeks of pregnancy. In 1973, when Roe v. Wade went into effect nationally, Arizona had an abortion law dating to its territorial days.
Which ruling would be the law of the land in Arizona? First, the state Court of Appeals ruled in favor of the 15-week law. This week, the Arizona Supreme Court reversed that decision, allowing the 19th-century law to take precedence.
Arizona Attorney General Kris Mayes vowed to legalize abortions for good during her 2022 campaign for office. At a news conference Tuesday held by the Arizona Democratic Party, she called the court decision "unconscionable and an affront to freedom."
She went on to say that she will continue to fight for reproductive freedom because "the people of this state deserve to make their own private medical decisions without interference from the government or anti-abortion activists."
Views on Arizona abortion ruling vary
Dr. Eric Hazelrigg, an obstetrician and the medical director of Choice Pregnancy Center in Arizona, filed the petition in March 2023 requesting the state Supreme Court review the ruling by the Arizona Court of Appeals.
At a news conference Tuesday with the Alliance Defending Freedom, the legal advocacy organization that argued the case before the Arizona Supreme Court, Hazelrigg expressed joy about the decision.
"We pray that unborn children will be protected under the Arizona law and that women and children receive real support and real health care. We all deserve the dignity and respect that is upheld by laws that affirm that life is a human right."
Some Arizona Republicans in tight races distanced themselves from the ruling, including Senate candidate Kari Lake and U.S. Reps. Juan Ciscomani and David Schweikert.
I do not support today’s ruling from the AZ Supreme Court. This issue should be decided by Arizonans, not legislated from the bench. I encourage the state legislature to address this issue immediately.
— Rep. David Schweikert (@RepDavid) April 9, 2024
Democrats, including Gov. Katie Hobbs, responded with anger and dismay at their news conference, with Hobbs calling it "one of the most extreme abortion bans in the country."
"It is a dark day in Arizona," she said.
The legal bombshell drew reactions from the White House on down and could motivate more people to vote in November.
This week on The Gaggle, a politics podcast by The Arizona Republic and azcentral.com, hosts Ron Hansen and Mary Jo Pitzl dissect Arizona's new, but ancient, abortion law and how it will impact the state politically and legally.
State politics reporter Stacey Barchenger joins the podcast to break down why the justices allowed a 160-year law to stand and who will benefit politically from the decision.
University of Richmond law professor Carl Tobias also joined The Gaggle to investigate the legal fallout from the court's decision.
"The Attorney General of the state saying she will not enforce it, which also raises very interesting questions about whether they can have a public official who's elected not enforce the law," he said. "It's just not clear exactly where this is going to end up next."
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Katrina Michalak also contributed to this story.
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This article originally appeared on Arizona Republic: Arizona bans abortion: What's happening and what's next?