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Published on April 10, 2024
Arizona Rewinds to Civil War Era: Supreme Court Upholds 1864 Abortion Ban, Shakes Foundations of Reproductive RightsSource: Google Street View

In a restrictive turn for abortion rights, the Arizona Supreme Court has upheld a Civil War-era law that bans nearly all abortions in the state unless performed to save a pregnant person's life. This law dates back to as early as 1864 and was codified in 1901. According to CNN, it carries a penalty of two to five years in prison for providers performing the procedure outside these extremely narrow parameters.

This decision, announced on Tuesday, effectively places Arizona amongst the ranks of states with the most severe abortion restrictions, such as Texas, Alabama, and Mississippi. Planned Parenthood Arizona has pledged to continue to offer abortion services through 15 weeks of pregnancy for a limited time, taking advantage of a current legal buffer set to expire soon. "Our doors are open," Planned Parenthood Arizona vowed in a statement that was shared by ABC15.

A 14-day delay on the law's enforcement allows time for potential legal challenges in lower courts, including on constitutional grounds. However, Arizona Attorney General Kris Mayes has stood defiant against the ruling, telling a news conference, "No woman or doctor will be prosecuted under this draconian law ... as long as I am attorney general," as per the report by CNN.

The legal situation has already caused confusion and turmoil among patients seeking abortions in Arizona, with clinics witnessing the direct impact. "Patients are coming in and they're literally already asking because they've already seen the news. And they're asking if their appointment will be upheld today," Dr. Jill Gibson, the chief medical officer at Planned Parenthood Arizona, explained to ABC15. In response to the ruling, Planned Parenthood has ramped up services to assist patients in accessing abortions in neighboring states like New Mexico and California.

Arizona's political leaders have expressed their dissent, with Democratic Gov. Katie Hobbs stating, "The fight for our reproductive freedoms is far from over." President Joe Biden also chimed in, condemning the ruling as an "extreme and dangerous abortion ban," information obtained via a statement reported by CNN. Last year's SCOTUS decision to overturn Roe v. Wade catalyzed a legal tug-of-war between a state law allowing abortions up to 15 weeks and advocates seeking to maintain the century-old ban intact. Arizonans will soon have an opportunity to voice their opinions directly, as a November 2024 ballot measure proposes to secure abortion rights in the state's constitution.