In a much-needed victory for life, the Arizona Supreme Court upheld an 1864 ban on abortion that was subsequently elaborated upon through statutes around the time of Arizona’s statehood. The ruling allows a complete ban on abortion to take effect in the state of Arizona.
The law was never repealed, and a state court allowed the ban to remain in place last year as long as it was compatible with a 2022 law that allows women to get an abortion within the first 15 weeks of pregnancy.Â
In contending with the two distinct laws, the court concluded in a 4-2 ruling Tuesday that the 2022 law “does not create a right to, or otherwise provide independent statutory authority for, an abortion that repeals or restricts” the 1913 law.
The court’s majority wrote that instead, it “is predicated entirely on the existence of a federal constitutional right to an abortion since disclaimed” by the overturning of Roe v. Wade.
The 160-year-old law is “now enforceable,” the opinion read, and will go into effect in 14 days. Tuesday’s highly anticipated ruling comes as the Supreme Court heard arguments in the case four months ago.
Whether this win will be long-lasting is yet to be seen, as Christless conservatism embodied by Kari Lake stands opposed to the law she once supported.
