Arizona Supreme Court Bans Abortion in Most Cases
The Arizona Republic reported that the Arizona Supreme Court upheld a 160-year-old abortion ban. The ban, existing pre-statehood, mandates prison for aiding abortions, except to save a mother's life. Legal abortions would end, though some clinics might continue temporarily. Democrats aim to oppose enforcement. The justices ruled 4-2 in favor, stating a 2022 law didn't repeal the pre-statehood ban or establish abortion rights.
More from the Arizona Republic:
"Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal ... and that additional criminal and regulatory sanctions may apply to abortions performed after fifteen weeks’ gestation," the ruling reads.
The majority ruled that a law passed in 2022, which prohibited abortions after 15 weeks, did not repeal the pre-statehood law nor create a right to abortion. The justices said the 2022 law was enacted by the Legislature because the prior law was at the time enjoined in court.
“Life is a human right, and today’s decision allows the state to respect that right and fully protect life again—just as the legislature intended,” said Alliance Defending Freedom Senior Counsel Jake Warner, who argued the case before the court in favor of the pre-statehood ban.
One immediate effect of the ruling could be more support for a potential ballot measure in the works for this year. Advocates say they've already got more than 500,000 signatures, well above the threshold of 383,923 signatures needed by an early July deadline.
Politico reported on Arizona Republicans’ response:
Former Gov. Doug Ducey, a Republican who signed a 15-week abortion ban into law in 2022, said in a post on X, the social media platform formerly known as Twitter, that the ruling was “not the outcome [he] would have preferred” and called on lawmakers to “heed the will of the people and address this issue with a policy that is workable and reflective of our electorate.”
Arizona Republican Senate candidate Kari Lake, in a statement Tuesday, called on Democratic Gov. Katie Hobbs and the state’s GOP-controlled legislature to “come up with an immediate common sense solution that Arizonans can support.” She added that ultimately “Arizona voters will make the decision” at the ballot box in November.
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