Summary

The Arizona Supreme Court has upheld a law from 1864 that bans almost all abortions in the state, reviving one of the strictest abortion prohibitions in the country. This decision injects the explosive issue of abortion rights squarely into the 2024 presidential campaign. While the ruling is temporarily on hold, it creates uncertainty for abortion providers who could face criminal charges, and has both parties preparing for an ideological battle over the future of abortion access that could sway voters in the key battleground state. Abortion rights groups aim to get a constitutional amendment on the Arizona ballot in November that would counter the revived 19th century abortion ban.

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Arizona's highest court has rendered a decision that will ban almost all abortions across the state. This ruling pushes the heated debate over abortion rights squarely to the forefront as the 2024 presidential election campaign intensifies.

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The court’s 4-2 decision states that a law passed in 2022, allowing abortions up to 15 weeks of pregnancy, did not override an extremely old written law from way back in 1864. This 19th century law prohibits abortion at any stage of pregnancy, except when necessary to save the life of the mother. Critically, it makes no exceptions for pregnancies resulting from rape or sexual assault.

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With this decision, Arizona now joins a small number of states, including Texas and Oklahoma, that have implemented very strict abortion bans. While the court delayed enforcing the revived 19th century prohibition for at least two weeks, abortion rights advocates may have little legal recourse to permanently stop the old school law from ultimately taking effect.

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Planned Parenthood of Arizona has stated it will continue providing abortions temporarily during this interim period. However, the ruling creates significant confusion and uncertainty, as healthcare providers could potentially face criminal charges and jail time if they perform abortions once the ban is enforced.

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This Arizona court ruling arrives on the heels of the U.S. Supreme Court's monumental Dobbs v. Jackson decision in June 2022, which overturned the landmark Roe v. Wade ruling that had established federal constitutional protections for abortion access nationwide for nearly 50 years. It represents the latest development in the rapidly shifting landscape of state abortion laws across the country following that consequential judgment.

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The stark escalation of Arizona's abortion restrictions could make for an influential decision in what has transitioned from a longtime Republican stronghold to a key battleground state, where Democrats have achieved recent electoral success. Indeed, last year's midterm elections demonstrated abortion rights to be a prominent issue for many Arizona voters.

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With high-stakes federal and state-level races on the ballot in 2024 that could potentially determine control of the White House, Senate and House of Representatives, this court ruling amplifies the importance of abortion policy. It injects an issue of profound moral and societal complexity into an already volatile political climate in Arizona and nationwide.

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Abortion rights advocates in Arizona are now redoubling efforts to enshrine reproductive freedoms into the state's constitution via a ballot measure this November. If approved by voters, such an amendment would directly countermand the reinstated 19th century abortion ban.

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As abortion laws keep quickly changing from state to state, Arizona's court ruling shows how the Supreme Court decision overturning Roe v. Wade ensures that abortion will stay a central issue in the 2024 elections. Both Republicans and Democrats are gearing up for an intense ideological battle over one of the most hotly debated topics in modern society.

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Arizona's top court revives 19th century abortion ban | Reuters

Arizona can enforce an 1864 law criminalizing nearly all abortions, court says | AP News

Arizona Reinstates 160-Year-Old Abortion Ban | NYT