Arizona Supreme Court Upholds Century-Old Law Restricting Abortions

In a landmark ruling on Tuesday, the Arizona Supreme Court declared that the state must follow a 123-year-old law that prohibits all abortions except when it is essential to protect the life of the pregnant individual.

The law, dating back to 1864, includes a penalty of two to five years in prison for those who perform abortions. However, there is currently a 14-day delay in enforcing this law.

The battle over abortion access has been a hot topic in many states since the US Supreme Court overturned Roe v. Wade in 2022. Nearly twenty states have enforced restrictions on abortion, causing concerns among providers about the health risks for patients and legal issues for doctors.

The Arizona court announced that it will release its opinion on the case of Planned Parenthood of Arizona vs. Mayes/Hazelrigg on Tuesday at around 10 a.m. PT.

Justices heard opening arguments in the case last December. Abortion rights opponents argued that the state should go back to the 1901 ban, while advocates urged the court to uphold the 2022 law allowing abortions up to 15 weeks, as per CNN.

When then-Gov. Doug Ducey signed the law in March 2022, he made it clear that the 2022 law would not supersede the older law.

FILE - Protesters march around the Arizona Capitol in Phoenix after the Supreme Court decision to overturn Roe v. Wade on June 24, 2022.

FILE - Protesters march around the Arizona Capitol in Phoenix after the Supreme Court decision to overturn Roe v. Wade on June 24, 2022.

Ross D. Franklin/AP/FILE

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Abortion access cases are currently being heard in the supreme courts of Arizona, New Mexico, and Wyoming. Here's what we know:

In late 2022, the Arizona Court of Appeals made a ruling stating that both abortion laws in the state need to be reconciled, or "harmonized." According to CNN's previous report, the court declared that abortion is legal up to 15 weeks when performed by licensed physicians who comply with the state's laws and regulations.

After months of confusion and legal disputes over which law should be followed in the state, the state Supreme Court was requested for clarification.

A group called Arizona for Abortion Access, made up of various organizations supporting abortion rights, shared last week that they had collected sufficient signatures for a ballot measure in November 2024. This measure aims to have voters decide on cementing abortion rights in the state's constitution.

A massive effort is underway to include abortion on the 2024 ballot in multiple states. Advocates of abortion rights are optimistic that this push will give more power to voters instead of state courts.

This story is still developing, and updates will be provided.

Editor's P/S:

The Arizona Supreme Court's ruling is a stark reminder of the precarious state of abortion rights in the United States. The resurrection of an antiquated law that criminalizes abortion except in cases of life-threatening emergencies is a blatant affront to women's reproductive rights and autonomy. It is deeply concerning that such an outdated and draconian measure is being enforced in the 21st century.

The fact that the ruling comes amid a wave of restrictive abortion laws across the country underscores the urgent need for federal action to protect access to safe and legal abortion. The Supreme Court's decision to overturn Roe v. Wade has emboldened anti-abortion legislators to pursue draconian measures that have the potential to roll back decades of progress made in women's rights. It is essential that Congress pass legislation that establishes a federal right to abortion and prevents states from imposing undue burdens on women seeking reproductive healthcare.