The Arizona Supreme Court ruled in a 4-2 decision on Monday that the 1864 ban on abortion altogether will take effect in two weeks, instead of keeping a 2022 law that bans abortion after 15 weeks.
“Absent the federal constitutional abortion right, and because [the law] does not independently authorize abortion, there is no provision in federal or state law prohibiting [the law’s] operation. Accordingly, [the 1864 law] is now enforceable,” the court’s majority opinion stated. The law only includes an exception for when the mother's life is at risk, which many opponents of the law say is typically too vague and restrictive.
Oral arguments in the case were made in October, making the decision a long-anticipated political wrench in the 2024 election cycle.
Despite the legal battles over the current state laws, an initiative to grant abortion access until "fetal viability" into the Arizona constitution is expected to make it onto the ballot in November. The Center Square reported that the petition due July 1 has already received over 500,000 signatures, Arizona for Abortion Access estimates.
