Arizona Governor Katie Hobbs expressed her strong opposition to the state Supreme Court’s ruling, which has resurrected a 160-year-old law that prohibits almost all abortions.
Good morning, readers of The Broadsheet! The NCAA women’s basketball tournament has officially stolen the spotlight from the men’s tournament. In other news, Jessica Alba is stepping down from her role as chief creative officer of The Honest Company. Lastly, Arizona has brought back a 160-year-old abortion ban. Stay informed and take care on this Wednesday.
The Arizona Supreme Court has recently made a surprising ruling, declaring that a near-total abortion ban that has been in existence for 160 years is still valid. This decision stands out from other bans that have emerged since the landmark Roe v. Wade case was overturned in 2022. Unlike those bans, which relied on trigger laws or new legislation, this particular ban resurrects a law that was established in 1864, a striking 48 years before Arizona even gained statehood.
Arizona’s ban, which was established in 1901, criminalizes almost all abortions in the state. Surprisingly, it was never repealed after the landmark Roe v. Wade decision in 1973. However, a recent court ruling has allowed the ban to be enforced once again. The ban only permits exceptions for cases where the life of the mother is at risk. Unfortunately, this exception is difficult for physicians to rely on in practice. Violating the ban can lead to criminal penalties, including prison sentences ranging from two to five years for providers. Previously, Arizona had a 15-week abortion ban in place, which, although restrictive, still allowed access to abortions during the most common timeframe. However, with the court’s decision, the 15-week ban will be replaced by the stricter ban. The law will go into effect in 14 days, providing a window for lower courts to challenge the ruling.
The ruling is indeed terrifying because it raises concerns about the future of abortion across the country. If Arizona’s highest court can assert that a law predating the state itself still applies to its 7.4 million residents in 2024, could federal lawmakers reach a similar conclusion? Lurking in the background of the ongoing changes in abortion legislation is the Comstock Act, an 1873 law aimed at curbing obscenity, which could potentially be interpreted to ban almost all abortions. Abortion opponents have expressed their intention to utilize this law in their efforts to impose nationwide restrictions on the procedure. To learn more about the Comstock Act and its role in the anti-abortion strategy at the federal level, check out this informative Slate story.
Former President Donald Trump, who has had a fluctuating stance on abortion throughout his life and political career, recently stated that the issue of abortion will be decided on a state-by-state basis. This statement has been interpreted by some as a lack of support for a nationwide abortion ban. However, it is crucial to pay attention to the developments at the state level, as they may influence the future of abortion policies under a potential GOP administration next year.
Arizona Governor Katie Hobbs, a Democrat, expressed her strong disapproval of the court’s decision, referring to it as “unacceptable” and a “dark day” for the people of Arizona. On the other hand, Arizona Attorney General Kris Mayes made a firm commitment not to prosecute either the healthcare providers or the individuals seeking abortions, even if the law were to be in effect. Mayes emphasized that the law originates from a time when “the Civil War was raging, and women couldn’t even vote.” Despite the presence of such a law, women today have the right to make their voices heard through voting, and the people of Arizona will likely have an opportunity to express their stance on abortion in the upcoming November ballot.
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