On Tuesday, Arizona’s high court upheld a Civil War-era law that bans nearly all abortions, a decision that rocked the political world and will have grave consequences for reproductive health if left in place.
“Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal,” the court said in a 4-to-2 decision.
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Arizona Supreme Court upholds near-total abortion ban first enacted in 1864
Arizona wasn’t even a state when the law was first written, and now it is being used to essentially eliminate reproductive freedom in the state.
Reactions were fast and furious across the political spectrum, as Democrats – and even some Republicans fearing a massive backlash among a majority of women and moderate voters – condemned the decision in favor of the draconian 1864 law.
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“This CIVIL WAR ERA abortion ban takes away control from the only one who should be making your personal decisions: YOU,” said the Human Rights Campaign in a post to X.
“This is what leaving it to the states looks like,” wrote Biden campaign spokesperson Ammar Moussa, likely referring to a video message shared Monday by Donald Trump in which he bragged about being the one to instigate the Supreme Court’s overturning of Roe v. Wade and expressed his view that abortion laws should now be up to the states.
“This is a terrible, terrible decision… but this is a political earthquake that I think extreme Republicans are going to regret,” predicted Arizona’s out Attorney General Kris Mayes on MSNBC. “They’re going to regret this come November.”
Mayes added she thinks the decision makes it “very possible” the Arizona legislature could be flipped to a Democratic majority
Arizona Attorney Gen. Mayes: This extreme abortion ban is a terrible decision out of the Arizona Supreme Court, but Republicans will regret it come November. I believe Arizonans are resoundingly going to make it clear that they don't want to be dragged back to 1864 pic.twitter.com/f2dSexRb0A
— DNC War Room (@DNCWarRoom) April 10, 2024
Arizona’s Supreme Court rejected arguments that it should uphold a 15-week abortion ban passed in 2022 by then-Gov. Doug Ducey (R), which in effect reactivated the 1864 “zombie” law passed long before Arizona was even admitted as a state.
The law, which takes effect in 14 days, would punish anyone who performs or helps a pregnant person obtain an abortion with two to five years in prison. All abortions would be outlawed with the narrow exception of “when it is necessary” to save a pregnant woman’s life.
“I’m trying to think of when there was a more stunning political phenomenon injected into an election cycle, and I can’t think of one,” Stan Barnes, a Republican consultant and former member of the Arizona state legislature, told the Washington Post. “It’s just a powerful change in the political landscape leading up to the 2024 general election.”
Even rabid abortion opponent Kari Lake, the state’s likely Republican nominee for Senate in 2024, tried to distance herself from the ruling — after expressing support for the archaic law during her run for governor two years ago.
“I speak to more Arizonans than anyone and it is abundantly clear that the pre-statehood law is out of step with Arizonans,” Lake said in a statement.
Arizona Sen. Mark Kelly (D) told CNN, “There will be women in Arizona that could die because of this ruling by the Supreme Court. Let’s be clear about this. This is what the former president wanted.”
Kelly was also referring to Trump’s assertion in his statement the day before the ruling that said abortion law should be left to the states.
“Many states will be different,” Trump said. “Many will have a different number of weeks or some will have more conservative than others, and that’s what they will be. At the end of the day this is all about the will of the people.”
“Voters think that Republicans want to take women [backward],” Christine Matthews, a GOP pollster/strategist, told the Los Angeles Times. “You can just write the commercial: ‘Republicans want to take women back to the ‘60s — the 1860s, that is.’”
Vice President Kamala Harris also released a statement condemning the decision. “Arizona just rolled back the clock to a time before women could vote – and, by his own admission, there’s one person responsible: Donald Trump,” she declared.
Biden campaign spokeswoman Brooke Goren called the decision “alarming” and warned it will “send shockwaves throughout this crucial swing state and the country.”
Hours after the ruling, Arizona Gov. Katie Hobbs (D) said she was confident her state’s voters would overturn the court’s ruling with a vote in favor of a measure folks are working to get on November’s ballot that would enshrine abortion rights in Arizona’s constitution.
“Arizonans are going to weigh in on this and enshrine abortion in our state’s constitution in November,” she said, “and I am confident that, when given the opportunity, they will vote to protect abortion access.”