In a significant decision, the Arizona Supreme Court has rendered abortion largely illegal in the state, reviving a 160-year-old law that prohibits all procedures except those deemed necessary to save a woman’s life.
Writing for the court in a split decision of 4-2, Justice John R. Lopez IV emphasized that a 2022 law permitting abortions up to 15 weeks of gestation was contingent upon the existence of a federal constitutional right to abortion.
With the U.S. Supreme Court nullifying that right in the Dobbs v. Jackson Women’s Health Organization ruling two years ago, the 1864 law takes precedence over the recent legislation, which was enacted when Arizona was still a territory.
Consequently, abortions are now illegal in all cases except those deemed essential to safeguard a woman’s life. The ban is slated to become effective in 59 days.
The ruling has been met with celebration by anti-abortion groups. Cathi Herrod, president of the Center for Arizona Policy, which supported the 15-week law during its passage through the legislature and has been instrumental in shaping Arizona’s abortion regulations, commended the high court for its impartial interpretation of the law, devoid of partisan agendas.
In the majority opinion spanning 24 pages, Justice Lopez dismantled arguments presented by attorneys from Planned Parenthood Arizona, contending that the Arizona Legislature aimed to restrict rather than nearly prohibit abortion.
Lopez asserted that this contention lacked merit, pointing out that the clause in the 15-week gestational ban explicitly acknowledged the 1864 law and the legislature’s consistent decision to retain the Civil War-era statute despite legal challenges over the years.
While Planned Parenthood Arizona acknowledged that the state’s abortion laws, including the 15-week ban, did not seek to establish a right to abortion, the organization argued that preserving access up to 15 weeks implied legal permission up to that point. However, the court’s majority remained unpersuaded by this argument.
