On Tuesday, April 8th, Arizona’s Supreme Court upheld an 1864 law that bans abortion in nearly all circumstances including in cases of rape and incest. This 160-year-old law, which was enacted before Arizona became a state and before women had the right to vote, makes abortion a felony, punishable by two to five years in prison for anyone who performs one on a woman in a case that is not necessary to save her life. Prior to this ban, abortion laws in Arizona stated that abortions could be performed on women in their first 15 weeks of pregnancy, which is two weeks into their second trimester.
As of January 2023, all seven judges on the court were appointed by a Republican governor. Many Democrats are enraged by this decision. Phoenix Mayor Kate Gallego took to X, expressing her disdain for this law, saying, “Today’s Supreme Court decision is a devastating blow to Arizona women. In Phoenix, we believe abortion is healthcare. Women – not courts or politicians – get to decide if, when, and how to start a family.” In another tweet, Gallego conveys her support for President Joe Biden, saying, “Today sends a clear message: to restore Roe and protect abortion rights once and for all, we must reelect Joe Biden and Kamala Harris. Under Trump, the Republican Party has pushed, and will continue pushing, for a cruel national abortion ban.”
President Biden also shared his thoughts on the ban, saying in a statement, “Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest.” Biden vowed to continue to fight for reproductive rights after saying the ban is a “result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom.”
The Arizona Supreme Court delayed the enforcement of the law for fourteen days so a lower court could consider “additional constitutional challenges” that have yet to be cleared up. At this time, this means that abortions in Arizona are still legal in the first 15 weeks of pregnancy, but without intervention, abortion will soon become illegal.
This 1864 ban on abortions will mean a colossal shift in the livelihood for women who live in Arizona, which makes it all the more important for you to get out and vote. Do your research, watch the news, and vote for who you feel best represents you.