Why Did Arizona Ban Almost All Abortions? A Complete Look

Arizona abortion ban.

A landmark decision from the Arizona Supreme Court has permitted the resuscitation of an almost forgotten rule that seeks to outlaw virtually all abortions. The ruling represents a fundamental departure in the legal terrain governing pregnancy termination within the state.

Arizona Abortion Ban: Background and Legal History

This law, dating back to Arizona’s pre-statehood era, does not make allowances for rape or incest. It only allows for abortion on occasions when the mother is in real danger. However, it is understood from reading between the lines in most parts of its majority opinion that it implies that this 1864 statute may be used to hold physicians accountable.

Arizona Abortion Ban: How Did We Get Here?

The ban passed long before Arizona became a state, and this law was first temporarily blocked by a Tucson court shortly after Roe v. Wade in 1973. However, after Roe v. Wade was overturned by the U.S. Supreme Court in June 2022, Mark Brnovich, who then served as Arizona Attorney General, moved successfully to have the injunction blocking enforcement of the ban set aside, thus leading to his eventual success in enforcing this ban based on an 1864 law.

I’m an Arizona Resident. Am I going to jail?

The statute states that anyone who aids or abets an abortion can be held criminally liable unless it is necessary to save her life. While there are no clear statements about the prosecution of doctors under the Arizona Supreme Court ruling, these suggestions are made indirectly. In effect, all abortions except those performed to save a woman’s life are now illegal, according to what has been established through court proceedings.

Implications of Arizona’s Abortion Ban

This decision has brought into sharp focus issues around access to abortion during next year’s presidential campaign, with particular reference to being given partisan control of the US Senate and the possible outcome of Election 2024, which this court ruling will undoubtedly influence.

Calls for Action and Legislative Response

Katie Hobbs, Governor of Arizona, has called on the state legislature to repeal the ban, stressing its ramifications. A petition is currently being circulated for a constitutional amendment that would assert the right to abortion up to a certain point in pregnancy and protect pregnant women’s health.

Arizona Abortion Ban: A Look Ahead

With enforcement of the near-total ban on the horizon, Arizona finds itself at a fork in the road regarding reproductive rights. The outcome of ongoing legal battles and advocacy efforts will shape Arizona’s future landscape for access to abortion.