By Isabelle Wilson-
The Arizona Supreme Court has ruled in favour of enforcing a 160-year-old near-total abortion ban, sending shockwaves through the state’s healthcare landscape and potentially reshaping the political landscape ahead of the upcoming elections.
The 1864 law, predating Arizona’s statehood, imposes severe penalties of two to five years in prison for individuals involved in abortion procedures, with exceptions only in cases where the mother’s life is at risk.
This ruling, if fully enforced, could effectively shutter all abortion clinics in the state, significantly impacting women’s access to healthcare and galvanizing political movements on both sides of the abortion debate.
The contentious decision follows months of legal battles over the validity and applicability of the archaic law in modern times.
The Arizona Supreme Court’s 4-2 ruling overturned a lower court decision, stating that the 1864 law was now enforceable due to the absence of federal or state protections for abortion procedures.
The Alliance Defending Freedom, a right-wing law firm, hailed the ruling as a victory for the protection of “innocent unborn children,” while anti-abortion activists celebrated the decision as a significant step forward in their cause.
However, the ruling has ignited a fierce debate among politicians and activists. Governor Katie Hobbs, a Democrat, condemned the decision, labelling the law as “draconian” and vowing to protect Arizonans’ reproductive rights.
This sentiment was echoed by the White House and other prominent Democrats, highlighting the polarizing nature of the issue.
Republican figures in Arizona also expressed reservations about the ruling, with some calling for a “common-sense solution” to address the implications of the decision.
The ruling has already become a focal point in the race for the state’s US Senate seat, with Republican candidate Kari Lake opposing the decision and Democratic candidate Ruben Gallego condemning it as devastating for Arizona women and their families.
The ruling’s potential impact on American politics extends beyond Arizona, with abortion access emerging as a key issue in national and state elections.
Since the US Supreme Court overturned Roe v. Wade, the landmark decision protecting reproductive rights nationwide, Democrats have leveraged support for abortion access to their advantage in elections. The upcoming November elections are expected to be influenced by the abortion debate, particularly in battleground states like Arizona.
The ruling has intensified efforts by activists to protect abortion rights, with a state ballot initiative aiming to safeguard access to abortion until 24 weeks of pregnancy gaining momentum. Activists argue that such initiatives have enjoyed widespread support among voters, even in Republican-controlled states.
Last week, Florida’s Supreme Court approved a similar referendum, signaling a growing momentum in the fight to preserve reproductive rights across the country.