The Arizona Supreme Court ruled on Tuesday to uphold the state's 1864 near-total abortion ban.
The ruling says the state must abide by a code that bars all abortions except when "it is necessary to save" the mother's life. This does not include exceptions for cases of rape or incest. Before Tuesday's ruling, abortion has been legal in Arizona through 15 weeks of pregnancy.
Context
Since the overturning of Roe v. Wade in 2022, many Republican-controlled states have put abortion restrictions into effect, with 14 banning the practice at every stage of pregnancy. Most Democratic states have laws or executive orders in place to protect access.
On Tuesday, the Arizona Supreme Court was expected to announce its decision in a case that would either continue to allow legal abortions up to 15 weeks of pregnancy or enforce a Civil War-era law ban on nearly all abortions.
What We Know
In a 4-2 ruling, justices allowed the 1864 law to stand that criminalized abortion by making it a felony punishable by two to five years in prison for anyone who performs or helps a woman obtain one.
The court ruled to lift the stay on the law, which means it goes into effect in 14 days.
The law, which went unenforced for decades after the U.S. Supreme Court legalized abortion nationwide in the 1973 decision Roe v. Wade, includes a narrow exception for "when it is necessary" to save a pregnant person's life.
Views
Democratic Arizona Attorney General Kris Mayes criticized the ruling.
"The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom," she said in a statement. "Make no mistake, by effectively striking down a law passed this century and replacing it with one from 160 years ago, the Court has risked the health and lives of Arizonans. Let me be completely clear, as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state."
President Joe Biden also took aim at the ruling and warned of continuous abortion bans in states across the country.
"Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest," Biden said in a statement.
"This cruel ban was first enacted in 1864—more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote. This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women's freedom.
"Vice President Harris and I stand with the vast majority of Americans who support a woman's right to choose. We will continue to fight to protect reproductive rights and call on Congress to pass a law restoring the protections of Roe v. Wade for women in every state."
Kari Lake, an Arizona Republican candidate for Senate, is expected to make a statement on the ruling. Lake called abortion as "the ultimate sin" in early March and told NBC News that the state's current 15-week limit is "a good law."
Newsweek has reached out to Lake via email for comment.
What's Next?
Despite the ruling, the issue could soon be in the hands of voters as abortion rights activists in the state are aiming to put the Arizona Abortion Access Act on the November ballot.
The initiative would amend the state's constitution to prohibit legislating against abortion up until fetal viability, or about the 24th week of pregnancy.
Update 4/9/24, 2:20 p.m. ET: This article was updated with additional information.
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Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more
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