In a significant ruling on Tuesday, the Arizona Supreme Court declared that the state must adhere to a Civil War-era law that bans all abortions except in cases where it is necessary to save the life of the pregnant person. The 4-2 decision, which came nearly a year after the US Supreme Court overturned Roe v. Wade, places Arizona among the states with the strictest abortion laws in the country.
The near-total abortion ban, which can be traced back to 1864 and was codified in 1901, carries a prison sentence of two to five years for abortion providers. The state Supreme Court has delayed enforcement of the law for 14 days to allow plaintiffs to pursue other challenges in lower courts, including the constitutionality of the law.
Arizona Attorney General Kris Mayes vowed that no woman or doctor would be prosecuted under the "draconian law" as long as she is in office. "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," Mayes said in a release posted online.
The case, which was revived after the US Supreme Court's decision in June 2022, has sparked years-long legal challenges between Arizona's former attorney general and Planned Parenthood Arizona. The court's majority stated, "Physicians are now on notice that all abortions, except those necessary to save a woman's life, are illegal," adding that criminal sanctions may now apply for abortions performed after 15 weeks of pregnancy.
Vice Chief Justice Ann A. Scott Timmer and Chief Justice Robert M. Brutinel dissented from the majority opinion.
The decision has drawn criticism from various officials and healthcare providers, who warn of the dire consequences for patients seeking abortion access in Arizona. Dr. Jill Gibson, chief medical director of Planned Parenthood Arizona, told CNN, "Providers need to be able to take care of their patients without fear for legal repercussions and criminalization."
Democratic Gov. Katie Hobbs, who has personally experienced the loss of a pregnancy, called the ruling outrageous and vowed to continue fighting for reproductive healthcare rights in the state. President Joe Biden also condemned the decision, stating that millions of Arizonans will soon live under an "even more extreme and dangerous abortion ban."
Prior to the ruling, Arizona had another law in place, signed by then-Gov. Doug Ducey in March 2022, which allowed abortions until 15 weeks with exceptions for medical emergencies. The state Supreme Court was asked to provide clarity on which law should apply following months of uncertainty and legal wrangling.
Arizona voters will have the opportunity to weigh in on the matter in November 2024, as Arizona for Abortion Access has gathered enough signatures for a ballot measure that would enshrine abortion rights in the state's constitution. Attorney General Mayes expressed confidence that the people of Arizona would overwhelmingly approve the ballot measure.
Dr. Atsuko Koyama, an emergency physician and abortion provider, urged state residents to continue fighting for the ballot measure's passage, emphasizing that the Supreme Court's decision is not the end of the battle for reproductive rights in Arizona.
