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Arizona’s Highest Court Upholds 1864 Law Banning Nearly All Abortions

Arizona’s highest court upheld an 1864 law that bans nearly all abortions, a decision with potential far-reaching consequences for women’s health care and election-year politics in a critical battleground state. However, the law is not immediately in effect.

Quick Facts

• Arizona’s highest court upheld an 1864 law banning nearly all abortions.
• The law is not immediately in effect and has been sent back to a lower court for further arguments about its constitutionality.
• House Republicans in Arizona blocked an effort to repeal the ban, but the legislative body has not yet adjourned and more votes are possible.

Arizona’s highest court recently upheld an 1864 law that prohibits almost all abortions, with the potential to significantly impact women’s health care and election-year politics in the state. The law is not yet in effect, as the court has put its ruling on hold for the time being and sent the issue back to a lower court for additional arguments about its constitutionality.

The law has been the subject of debate, with House Republicans in Arizona blocking an attempt to repeal the ban, and the legislative body still in session with the possibility of further votes.

What is the 1864 law?

The 1864 law outlaws abortion from the moment of conception, with no exceptions for rape or incest. It also bans all types of abortions, including medication abortions. The law imposes fines and prison terms of two to five years for doctors providing care to pregnant women in violation of the law.

What does the ruling say?

The Arizona Supreme Court ruled in a 4-to-2 decision that the pre-statehood law was “now enforceable,” stating that there was no federal or state law preventing Arizona from enforcing the near-total ban. The court noted that the State Legislature had not created a right to abortion when it passed the 15-week ban in 2022.

Is the law in effect now?

No, the court has put its ruling on hold for 14 days and sent the case back to a lower court for further arguments about the law’s constitutionality. This means it will likely be weeks before the law goes into effect, and abortion providers expect to continue performing abortions through May.

Could the ban be overturned?

Yes, state legislators could repeal the ban or voters could overturn it in November. Efforts are underway to place a measure on the ballot enshrining abortion protections into the State Constitution, with a proposed ballot measure enshrining abortion access until “fetal viability,” or about 24 weeks.

How could this affect the 2024 election?

The ruling has the potential to significantly impact the 2024 election in Arizona, with President Biden and Democratic officials blaming former President Donald J. Trump for the dwindling access to abortion care in America. The issue of reproductive rights is expected to galvanize Democratic supporters, while Republicans have also expressed their stance on the matter.

Where else is abortion illegal?

Twenty-one states currently ban or restrict abortion earlier in pregnancy than what Roe v. Wade established.

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