Arizona Upholds 1864 Law Restricting Nearly All Abortions
In a landmark decision, the Arizona Supreme Court has ruled to uphold a longstanding law dating back to 1864, which severely limits abortions in the state, permitting them only in cases where the life of the mother is at risk. The ruling came as the culmination of the case Planned Parenthood of Arizona v. Mayes/Hazerigg, following arguments presented before the court in December.
The 1864 law not only prohibits nearly all abortions but also imposes harsh penalties, including prison sentences of two to five years for abortion providers. The court was tasked with determining whether the more recent 15-week abortion limit, enacted in March 2022, supersedes the older statute. While the justices refrained from ruling on the constitutionality of the 1864 law, they delivered a 4-2 decision, with one recusal, affirming its enforceability over the 15-week limit.
In the majority opinion authored by Justice John Lopez, the court clarified that its decision was rooted in statutory interpretation rather than moral or public policy considerations regarding abortion. The ruling emphasized that in the absence of any federal or state law explicitly prohibiting the operation of the 1864 law, it remains enforceable.
However, the court also exercised caution, staying the total enforcement of the law for 14 days to allow parties involved to determine their course of action. Furthermore, the case was remanded to trial court for potential consideration of remaining constitutional challenges.
The ruling comes at a time when pro-abortion activists in Arizona are pushing for a constitutional amendment to establish a right to abortion. The coalition Arizona for Abortion Access recently announced surpassing the required signatures for the proposed amendment to qualify for the November ballot, reflecting ongoing efforts in multiple states to secure abortion rights.
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